JUSTICE B.P. SATAPATHY

Mahindra Kumar Patel v. State of Odisha and Ors.

Case Number: WPC(OAC) No.1884 of 2014

Date of Decision: 5th May, 2022

An Asst. Engineer (“Petitioner”) was in the eye of the storm of a disciplinary enquiry under Rule-17 of the OCS (CCA) Rules, 1962. The Enquiry Officer in his report did not find any material case against the Petitioner in lieu of lack of sufficient evidence. But the State Authority, anyway, proposed punishment of withholding of one annual increment with cumulative effect. Hence, the petitioner invoked the writ jurisdiction of the court to remedy his grievances.

The Petitioner contended that the Enquiry Officer in his report held the charges as not proved, therefore the Opposite Party No.1 while issuing the first show cause with the proposed punishment should have submitted a disagreeing note for not concurring with the opinion of the Enquiry Officer. Thus, without having any disagreeing note, the first show cause issued on 6th June 2013 is not in consonance with the provision of Rule-15 of the OCS (CCA) Rules, 1962.

This Court was of the considered view that the Opposite Party had not followed the provision contained in the OCS (CCA) Rules, 1962 and that amounted to non-compliance of the principle of natural justice.

Narayan Senapati v. State of Odisha and others

Case Number: WPC(OAC) No.3396 of 2013 and batch

Date of decision: 12th May, 2022

The petitioners were working in the establishment of Executive Engineer, Bhubaneswar (R & B) brought over to the regular establishment in Works Department. Scale of Pay of Work Sarkar which is of a Class- III scale, was fixed at Rs.2650-4,000/-. However, with the advent of O.R.S.P. Rules, 2008, the Scale of Pay of Work Sarkar working in the different Departments of the Government was fixed at Rs.4440-7440 with Grade Pay of Rs.1650/-. In the litigation that followed, this Court as well as the Supreme Court allowed the Scale of Pay of Rs.5,200-20,200/- with Grade Pay of Rs.1900 for the petitioners. However, the Housing and Urban Development Department refused to comply with the court directions and pay the petitioners according to the new pay scale.

The court held that the inaction of the Department amounts to non-compliance of the provision under Article 14 & 16 of the Constitution of India as well as the provisions of equality contained in Article 39 of the Constitution of India. Accordingly, this Court directed the Opp. Parties to extend the benefit of the scale of pay of Rs.5,200-20,200/- with G.P of Rs.1900/- in favour of the Petitioners herein.