SAKRAJIT DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, who are working under Orissa State Commission for Women, have filed this application to quash office order dated 24.01.2011 in Annexure-2 passed by the Commissioner-cum-Secretary to the Government of Orissa, Women & Child Development Department, by which the revised scale of pay granted to the petitioners have been withdrawn and they have been allowed to draw consolidated remuneration, i.e., minimum of the pay scale (pre-revised) attached to the post in terms of Finance Department circular dated 07.07.2008.

(2.) The factual matrix of the case, in brief, is that the petitioners were appointed in different posts under opposite party no.3 during the period from 1997 to 1998 and considering their educational qualification and after following due procedure they were absorbed. From the date of their initial absorption, they had been discharging their duties assigned to them. Consequentially, their services were regularized by the authority concerned. In absence of any Rules for recruitment of staff in the establishment of opposite party no.3, the petitioners were absorbed for a period of more than one decade, as it is a statutory organization and an autonomous body, but the State Government has been granting some aid for the day-to-day management of the Commission.

(3.) Mr. B. Routray, learned Senior Counsel appearing along with Mr. J.Biswal, learned counsel for the petitioners contended that the authorities, while passing office order dated 24.01.2011 in Annexure-5 reducing the benefits, which had been granted to the petitioners, pursuant to letter dated 19.12.2008 in Annexure-2, have not complied with the minimum requirement of principles of natural justice, for which the same is liable to be quashed. It is further contended that when a right had already been accrued in favour of the petitioners, pursuant to the decision taken by the High Power Committee and approval made by the Finance Department and consequentially letter dated 19.12.2008 in Annexure-2 had been issued granting revised scale of pay to the petitioners, the subsequent order passed on 24.01.2011 in Annexure-5, without complying with the principles of natural justice, cannot sustain in the eye of law. It is further contended that the reasons assigned in the counter affidavit filed by opposite party no.2 on 02.01.2012; that the benefits of Orissa Revised Scale of Pay Rules, 1998 allowed to the employees of opposite party no.3 with effect from 01.03.2008, were subsequently withdrawn vide Government order dated 06.08.2009, when lapses were pointed out that daily wage employees as well as persons on consolidated remuneration are not appointed against any post and the benefits of Orissa Revised Scale of Pay Rules, 1998 are not applicable to them, and that Orissa Revised Scale of Pay Rules, 1998 were allowed to 23 persons working against approved posts, but not to 10 persons working on contractual basis on consolidated remuneration or to those who are not drawing pay in regular scales of pay prior to introduction of Orissa Revised Scale of Pay Rules, 1998; have been taken for the first time before this Court, and in absence of such reasons in the order impugned, the same cannot be taken into consideration. To substantiate his contention, he has relied upon a judgment of the apex Court in BCPP Mazdoor Sangh v. N.T.P.C., 2008 AIR(SC) 336.