W.P.(C) No. 7528 of 2015. Case: Gandhi Pradhan Vs Odisha State Road Transport Corporation and Ors.. High Court of Orissa (India)

Case NumberW.P.(C) No. 7528 of 2015
CounselFor Appellant: P.K. Padhi, P.K. Panda and S.R. Jena, Advs.
JudgesDr. Durga Prasanna Choudhury, J.
IssueService Law
Judgement DateFebruary 03, 2017
CourtHigh Court of Orissa (India)


Dr. Durga Prasanna Choudhury, J.

  1. Challenge has been made to the inaction of the opposite parties for not granting arrear salary and pensionary benefits to the petitioner.


  2. The conspectus to the case of the prosecution is that the petitioner joined as Cleaner in the erstwhile Odisha Road Transport Company Limited (hereinafter called "ORT Company") on 28.8.1980. Since he has got valid driving licence on 25.3.1981 he was appointed as Jeep Driver in the said ORT Company. In the later years ORT Company was merged with Odisha State Road Transport Corporation (hereinafter called "OSRTC") and as such the petitioner continued as Driver under OSRTC. After rendering 33 years of service petitioner retired with effect from 31.7.2013. After the Orissa Revised Scale of Pay Rules 1998 (hereinafter called "Rules 1998") came into force, pay fixation was made on 28.2.2009 but the petitioner was allowed to draw his salary in the pre-revised scale. Again the pay of the petitioner was revised under the Odisha Revised Scale of Pay Rules, 2008 (hereinafter called "Rules 2008") and pay fixation statement of the petitioner was prepared on 30.7.2013 one day before his retirement. The revised salary was purportedly neither sanctioned nor paid by the opposite party No. 3 to the petitioner.

  3. Be it stated that although the petitioner was allowed Time Bound Advancement Scale of pay in the pre-revised scale instead of revised scale under Rules 2008, the same has not been paid to the petitioner and he is entitled to the same from 1.4.2006. Petitioner has also not received the unutilized leave salary of 120 days although it has been sanctioned by the opposite party No. 3 vide order No. 2539 dated 13.8.2014. It is further stated that the E.P.F. contribution has been made by the petitioner against E.P.F. Account No. OR-87/2926 but the opposite party No. 3 has not deposited their share regularly with the opposite party Nos. 4 and 5 for which the petitioner is at loss of interest. When after retirement the petitioner submitted claim before the opposite party Nos. 4 and 5, it was rejected by them vide Annexure-6. Then the petitioner made representation to the opposite parties on 28.2.2014 but the same has not been resorted to. Hence, the writ petition is filed to sanction and payment of arrear salary under Rules 1998 and Rules 2008 and payment of gratuity and pension.

  4. Per contra, the opposite party Nos. 1 to 3 filed counter stating that the Rules 1998 was introduced with effect from 16.2.2009 with prospective effect, similarly Rules 2008 was introduced in OSRTC with effect from 1.4.2012 prospectively and it has been duly approved by the State Government in Public Enterprise Department, Finance Department and Commerce & Transport Department and same has not been given effect to retrospectively. Since the revision of scale of pay was made prospectively, the petitioner is not entitled to any arrears. Be it stated that this Court in W.P.(C) No. 12978 of 1998 disposed of the writ petition with a direction that in absence of specific resolution of the Corporation Board, employees of OSRTC are not entitled to revision under Rules 1998 and Rules, 2008. Since the principle has been decided by this Court, such Rule has been given effect to...

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