K P MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE writ petitioner, a retired Judge of this High Court, was appointed as the Lokpal under Section 3 of the Orissa Lokpal and Lokayuktas Act, 1995 (Orissa Act 8 of 1995) and he assumed the said office on 16-2-1997. He has been constrained to approach this Court for redressal of his grievance. The petitioner in this writ petition prays to quash the letter dated 12-2-2001 issued by the State Government in public Grievance and Pension Administration department, vide Annexure-5, wherein it was clarified that the relief extended to justice S. K. Ray, ex Lokpal, pursuant to the decision of this Court in O. J. C. No. 10896 of 1998 (reported in 90 (2000) CLT 362 : justice S. K. Ray v. State of Orissa), cannot be made available to the petitioner since his case is not similarly situated with that of Justice s. K. Ray, ex Lokpal. The claim of the petitioner is that he has not been paid the enhanced salary and allowances as admissible to the Chief Justice of the High Court.

(2.) THE Lokpal is appointed under the orissa Lokpal and Lokayuktas Act, 1995. Sub-sections (4) and (5) of Section 5 of the act, which are relevant for the present purpose, read as under :-

(3.) IN this regard the learned counsel for the petitioner submits that the petitioner was holding the office of the Lokpal from 16-2-1997 till 15-2-2002 and though the salaries of the Chief Justice and Judges of the High Court were enhanced with effect from 1-1-1996 to Rs. 30,000/- arid'rs. 26,000/- respectively, the benefit of such enhancement has not been extended to the petitioner even if he has approached the state Government in this regard during his tenure.