STATE OF ORISSA Vs. AJAYA KUMAR DAS

JUDGEMENT

(1.) THIS writ petition has been filed by the State against the judgment and order dated 02.12.1999 passed by the Orissa Administrative Tribunal, Cuttack Bench in T.A. No.77 of 1989.

(2.) IN fact, OJC No.1770 of 1982 was filed by opposite party No.1 in this Court, which was transferred to the Tribunal. But the Tribunal held that since opposite party No.1 was serving in the Orissa State Electricity Board and no notification was issued to put that Board under the jurisdiction of the Tribunal, it was unable to decide that case. Accordingly, the matter was re -transferred to this Court which was disposed of vide order dated 08.07.1991. The State filed S.L.P. against the said order in the Honble Supreme Court which was dismissed as withdrawn vide order dated 22.07.1994 with liberty to opposite party No.1 to approach this Court by way of review. Thereafter, Civil Review No.125 of 1994 was filed and the same was disposed of by this Court on 07.08.1996 with the observation that since opposite party No.1 was a Government servant and the dispute related to the payment of salary or fixation of pay, it was well within the jurisdiction of the Tribunal. Thus, the matter was again transferred to the Tribunal and has been disposed of vide the impugned order.

(3.) THE State Government issued two circulars in that regard, which are contained in Annexure -4 and 5 of the writ application. In the circular dated 18th June, 1982 contained in Annexure -4, the Government directed that the completed years of service rendered by Sub -Assistant Engineers under the O.S.E.B. should be treated as having been rendered under the Government in the Government scale of Sub -Assistant Engineers and their pay in the scale of Assistant Engineers under the Government should be fixed following the principle prescribed under Rule 74(b) of the Orissa Service Code, meaning thereby that the pay of Sub -Assistant Engineers of the O.S.E.B. should be fixed in the same manner as is being done had they been the Sub -Assistant Engineers under the Government.