Pradip Kumar Mallick v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8479 of 2022 Pradip Kumar Mallick and others ....
Petitioners Mr. K.C. Sahoo, Advocate -versusState of Odisha and others ....
Opp. Parties Mr. A. Behera, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
15.11.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioners as well as learned counsel for the State. Perused the record.
3.
The present writ petition has been filed by the petitioners with a prayer for a direction to quash the impugned order of rejection dated 22.02.2022 under Annexure-13 and further prayer for a direction to the CDM&PHO, Cuttack (Opposite Party No.4) to sanction and disburse the Grade Pay of Rs.2,000/- along with corresponding scale of pay Rs.5200-20,200/- in P.B.-1 in favour of the petitioners from the date of regularization with all consequential arrear financial benefits as due and admissible to the petitioners. 4.
It is submitted by learned counsel for the petitioner that in many other districts of Orissa similarly placed persons with the petitioners have been extended the benefits of Grade Pay of
// 2 // Rs.2,000/- in respect of the Bolangir district. It is further submitted by Mr. Sahu, learned counsel for the petitioners that Odisha Administrative had issued necessary orders and thereafter the grade pay in Bolangir, Gajapati districts have been paid. Further, it is submitted by learned counsel for the petitioners that in the rejection order dated 22.02.2022 passed by the CDM&PHO, Cuttack (Opposite Party No.4), the petitioners seek training. Therefore, they are not entitled to grade pay of Rs.2000/- on such grounds. Learned counsel for the petitioners submits that the training is not the condition precedent to grade pay claimed by the petitioners that in respect of other districts grade pay of Rs.2000/- MPHW(M) although they had not undergone training.
He further contends that training of MPHW(M) entirely depends on State Government, therefore, the petitioners are bound to legal obligation to undertake training anywhere conducted by the Government. Further, referring to letter dated 03.11.2020 of Government of Odisha, Health and Family Welfare Department issued clarification under which D. Pharma qualified persons appointed as MPHW(M) having extended the benefit of grade pay of Rs.2,000/- along with pay band. In such view of the matter, learned counsel for the petitioners submits that the petitioners are illegally barred to get the claim of grade pay as due and admissible as on date.
It is submitted by Mr. Sahu, learned counsel for the petitioners that the petitioners have been sanctioned pay band which is now prescribed for the petitioners that G.P. 1750. 5.
Learned counsel for the State, on the other hand, submits that similar benefits be given to the similarly situated candidates,
// 3 // however, let the petitioners approach the authority again, who shall consider the case of the petitioner keeping in view the fact that the similar benefits have been extended to similarly engaged persons undergoing the training. The authority shall take decision within the stipulated period of time in accordance with law. Learned counsel for the State further bring its notice to the Court that in the rejection order, the Opposite Party No.4 has taken a ground that the candidates who have been extended benefit having D.Pharm qualification, therefore, they have not extended the similar benefit. However, the case of the petitioners has not considered by the said Opposite Party.
6.
In reply to such submission, learned counsel for the petitioners submits that the qualification of D.Pharm was noticed in the year 2012. However, the petitioners engaged much prior to that. Therefore, the same shall not stand at par in getting grade pay so far as petitioners are concerned.
7.
Having heard learned counsels for the respective parties and upon careful consideration of the grounds of the case and further considering the fact that the similar benefits have been extended to similarly situated candidates, order passed by the Odisha Administrative Tribunal whether they are not required to undergo training to extend the benefit of grade pay by setting aside the impugned order dated 22.02.2022 remitted back to the CDM&PHO, Cuttack (Opposite Party No.4) to consider the matter afresh in accordance with law. The petitioners are directed to approach the CDM&PHO, Cuttack (Opposite Party No.4) along with certified copy of this order within two weeks from today. In such event, the
// 4 // CDM&PHO, Cuttack (Opposite Party No.4) shall do well to consider the case of the petitioners and provide an opportunity of hearing and further consider the matter in accordance with law particularly keeping in view the fact that the similarly situated candidates in other districts and in the event, the petitioners are found eligible to grade pay and pay band sanction and disburse the same in their favour within a period of six weeks from the date of production of certified copy of this order.
7.
With the aforesaid observation/direction, the writ petition stands disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu