Jadunath Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 29788 of 2022 Jadunath Samal .....

Petitioner Mr. B.R. Barik, Advocate Vs.

State of Odisha & Ors.

.....

Opposite parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

30.11.2022 Order No.

This matter is taken up by hybrid mode.

2.

Heard Mr. B.R. Barik, learned counsel for the petitioner.

3.

The petitioner has filed this writ petition seeking direction to the opposite parties to compute his arrear differential salary i.e. TBA scale of pay, which has been recovered from D.C.R.G. w.e.f. 01.07.1996 to 31.07.2002 and fix the pensionary benefit accordingly taking the scale of pay of Rs.4400/- 6000/- w.e.f. 01.07.1996 and pay the entire dues within a stipulated period.

3.

Mr. B.R. Barik, learned counsel for the petitioner contended that similar matter had come up for consideration before the Tribunal in Binod Bihari Das v. State of Odisha (O.A. No.2230(C) of 2013 & batch, disposed of on 19.01.2018, wherein the Tribunal has directed that any recovery from DCRG or otherwise made in consonance with such wrongful refixation of salary shall be refunded to the petitioners therein and the petitioners shall be entitled all the retiral benefits on the basis of the scale of pay/salary drawn

by them on the date of their retirement. Since the petitioner stands on the same footing, he is entitled to get all the benefits along with retiral benefits on the basis of the scale of pay/salary drawn by him on the date of his retirement 4.

In such view of the matter, this writ petition stands disposed of in terms of the order dated 19.01.2018 passed by the Tribunal in O.A. NO.2230 (C) of 2013.

5.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE