SURESH CHANDRA SARANGI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The very specific and limited grievance of the petitioner by way of this WPC(OAC) No.1208 of 2014 is for grant of 2nd and 3rd financial up-gradation to him, when he completed 20 years or 30 years of service.

(2.) The petitioner entered into service as a Junior Clerk on 2/2/1976 and was promoted to the post of Senior Clerk in the year 1991 and continued as such, till he was kept in charge of Head Clerk w.e.f. 1/2/2014 till his retirement on 30/4/2014. The Government of Odisha in Finance Department by way of Resolution dtd. 6/2/2013 introduced Revised Assured Carrier Progression Scheme (RACPS), whereby provision has been made for grant of three financial up-gradations to the State Government employees on completion of 10, 20 and 30 years of service in a single cadre in absence of promotion, but the applicant having completed 30 years of service was promoted only once in his career and he, thereby, is entitled to 2nd and 3rd financial up-gradation in terms of RACPS. Accordingly, the applicant and some other similarly situated employees made a representation to the District Education Officer (DEO), Khordha for consideration of their case for grant of RACPS and, accordingly, the DEO while forwarding their representation to the Director, Secondary Education, Odisha, Bhubaneswar, had made quite favourable observation by stating inter alia that passing of Accounts Examination has got no nexus with extending the benefit under RACPS. In response to the above communication, the DEO was asked to refer to necessary clarifications issued in this regard including the Financial Department Resolution Memo No.1738/F dtd. 20/1/2014, which says that if passing of Departmental Examination is a criteria for promotion in the cadre, it shall be considered while extending RACP Scheme, but the applicant asserts that since he belongs to Secondary wing of Education Department, passing of Accounts Examination is not a pre-requisite condition for promotion.

(3.) In response to the claim of the applicant, O.P.No.3-DEO, Khordha only has filed counter reply by stating inter alia that the Finance Department vide Memo No.1738/F dtd. 20/1/2014, has issued clarification regarding applicability of passing of Departmental Examination for granting RACPS to the State Government employees and the criteria for Assured Carrier Progression (ACP) under Orissa Revised Scale of Pay Rules, 2008 (ORSP) is totally different from the criteria for RACPS.