LAWS(ORI)-2006-4-27

STATE OF ORISSA Vs. KAMBHUPANI MOHAPATRA

Decided On April 11, 2006
STATE OF ORISSA Appellant
V/S
Kambhupani Mohapatra Respondents

JUDGEMENT

(1.) THIS writ application has been filed against the orders dated 20.10.1998 and 7.5.2001 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 2088 of 1996 and M.P. No. 1290 of 1998 respectively.

(2.) AT the very outset, we feel it necessary to mention that the State Government vide their order dated 10.11.1995 had already conceded the demand of the opposite party who was working as Worksarkar Grade -l in Hirakud Dam Circle, Burla and directed the Superintending Engineer of that circle that he is entitled to the Central Government pay scale of Rs. 150 -3207 - (with effect from 29.3.63), Rs. 380 -640/ -(with effect from 1.1.73) and Rs. 1400 -23007 - (with effect from 1.1.86) in the post of Worksarkar Grade -l and it was directed by the Government to the Superintending Engineer to prepare revised computation statement without further delay and take steps to make payment of the same. It was specifically mentioned in the said order of the State Government that direction to make payment as mentioned above, were passed with the concurrence of the Finance Department.

(3.) WE direct Superintending Engineer (Respondent No. 2) that the salary of the applicant as directed in the said letter No. IRC -57/93/27708 dated 10.11.1995 issued by the Water Resources Department be disbursed to the applicant within one month from the date of receipt of a copy of this order, failing which he shall be held personally liable to pay interest at the rate of 12 per cent per annum on the amount which is due to the with effect from the date when it was due. Since he has already retired from service, all consequential service and retiral benefits should also be paid to him within one month from the date of receipt of a copy of this order, failing which he shall be liable to pay 12 per cent as well on the arrears of pay and pension.