KHIROD CHANDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER was recruited on 9. 11-1963 as an amin under the Delta Land Acquisition Organisation set up in the year 1956. The scale of pay of amins working in the various departments of Government throughout the State including the Delta Land Acquisition Organisation was Rs. 70. 1-75-2-95 per month besides dearness allowance and additional dearness allowance admissible to Government servants. With effect from 1. 1. 1965, Government decided to enhance the pay scale of amins working in the Settlement Department from Rs. 70 95 to Rs. 80-120. Amins employed under the P. and. S. Department and Town Planning and Capital Administration in the Urban Development Department demanded the same enhanced scale and in due course that also was extended to them. Employees in Land Acquisition Organisation including the petitioner demanded the benefit of enhancement of scale of pay and on the recommendation of the Land Acquisition Officer, the Power and Irrigation Department of the State Government recommended the case of the employees of the Land Acquisition Department to the Finance Department and ultimately the following order was communicated to the Land Acquisition Officer: I am directed to refer to your letter No. 2941 dated 14. 9. 1972 on the subject noted above and to say that after careful consideration Government has been pleased to decide that the scale of pay of amins under the Land Acquisition Organisation, Delta Irrigation Scheme, Cuttack is hereby enhanced from Rs 70. 1. 75-2-95 to Rs. 80-3-110 KB-3-116-4-120 with effect from 1. 1-65 subject to condition that pay will be fixed notionally in the enhanced scale from the date of issue of the order, without any arrear pay benefit.

(2.) THE return made to the rule nisi by the Under Secretary in the Irrigation and Power Department does not dispute the petitioner's assertion that amins working in various departments of Government Including the Land Acquisition Organisation have been given enhanced pay scale with effect from 1-1-1965. Similarly, there is no dispute against petitioner's assertion in paragraph 12 of the writ petition that the work of amins in other departments is comparatively easier than that of the Land Acquisition Organisation. In paragraph 9 of the counter-affidavit, it has been asserted:

(3.) WE accordingly allow the application and direct the opposite parties to pay the petitioner the enhanced scale with effect from 1-1-65. We, however, make no direction for costs.