BIJAYA KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and learned Counsel for the State. The petitioners five in number and the members of the Orissa Superior Judicial Service (Sr. Branch). They have been recruited directly from the Bar and are holding different posts in the same cadre. The brief facts, as de delineated in the writ petition, tend to reveal that as per Rule 13 of the Orissa Superior Judicial Service (Sr. Branch) Rules, 1963 (hereinafter referred to as the 'Rules'), the petitioners are entitled to draw advance increments with effect from their initial date of joining. Rule 13 of the said Rules provides as follows:

(2.) WHILE the matter stood thus, O.P. No. 1 issued a Resolution dated 3.6.2003 for implementing the recommendations of the Shetty Commission in respect of all the Judicial Officers of the State vide Annexure -6/A. The said Resolution was issued in pursuance of the direction of the Hon'ble Supreme Court issued in the case of All India Judges Association v. Union of India reported in (1993) 4 SCC 288. By virtue of Annexure -6/A, the scale of pay of District Judges at entry level was revised with effect from 1.1.1996 with a stipulation that the monetary benefit arising out of revision of pay scale shall be payable with effect from 1.7.1996. It is worthwhile to mention here that petitioner Nos. 1, 2 and 3 were getting the benefit under Rule 13 of the O.S.J.S. (Sr. Branch) Rules. Petitioner Nos. 4 and 5 on their joining the respective posts applied to the Home Department for grant of aforesaid benefit. The scale of pay of the petitioners as per the Judges' Association Case (supra) was revised, but so far as petitioner Nos. 1, 2 and 3 are concerned the benefit under Rule 13 enjoyed by the above petitioners was not extended. Petitioner Nos. 4 and 5 were also deprived of such benefit.

(3.) ON perusal of Annexure -A, i.e., the Resolution dated 3rd June, 2003 and the notification dated 13.12.1991, we do not find anything to show that the benefit under Rule 13 has been taken away by the aforesaid Resolution. Even if a notification to that effect has been issued, the Government Notification cannot take away the applicability of statutory Rules framed under Article 309 of the Constitution and make it redundant as claimed.