W.P.(C) No. 2686 of 2015. Case: Sanjay Kumar Das and Ors. Vs State of Orissa and Ors.. High Court of Orissa (India)
| Case Number | W.P.(C) No. 2686 of 2015 |
| Counsel | For Appellant: A.K. Mohapatra, Sr. Advocate, B. Panda, S.P. Mangaraj, T. Dash, A.K. Barik, S. Nath and S.K. Barik, Advs. and For Respondents: B. Senapati, Additional Govt. Advocate |
| Judges | Dr. B. R. Sarangi, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 24; Constitution of India - Articles 14, 16 |
| Judgement Date | March 03, 2016 |
| Court | High Court of Orissa (India) |
Judgment:
Dr. B. R. Sarangi, J.
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The petitioners, who are working as Special Public Prosecutors/Addl. Special Public Prosecutors/Assistant Public Prosecutors (Vigilance) in different courts in the State of Odisha have filed this application to quash the order dated 30.12.2014 issued by the Government of Orissa, Law Department revising the fees prospectively with effect from 21.10.2014 and not retrospectively with effect from 01.09.2012 as has been extended to other Public Prosecutors of the State pursuant to amendment made to the Orissa Law Officers Rules 1971 with effect from 01.09.2012 by virtue of Orissa Law Officers (Amendment) Rules 2012 vide notification dated 31.08.2012 under Annexure-1.
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The factual matrix of the case in hand is that the petitioners are the Law Officers of the State of Orissa discharging their duties in the capacity of Special Public Prosecutors/Addl. Special Public Prosecutors/Assistant Public Prosecutors (Vigilance) in different courts assigned to them. Their engagements are regulated by the Orissa Law Officers Rules 1971 and the same was amended by virtue of Orissa Law Officers (Amendment) Rules 2012 notified on 31.08.2012 which came into force on 01.09.2012. The Government of Orissa made a revision of retainer fees and daily fees of the Government Pleaders, Public Prosecutors, Special Public Prosecutors whereas the petitioners, who have been engaged in different Vigilance Courts in the State have been deprived of getting the benefit of revised fees from that date. Therefore, they represented to the authority claiming the equal treatment with that of the Government Pleaders, Public Prosecutors and Special Public Prosecutors and also revision of fees with effect from 01.09.2012 pursuant to notification issued under annexure-1 dated 31.08.2012 by virtue of Orissa Law Officers (Amendment) Rules, 2012.
The representation so filed was duly forwarded to the Law Department on 03.04.2013. Since there was delay in consideration of such grievance, the petitioners filed another representation to the Director-cum-Additional D.G. Police (Vigilance) on 31.01.2014 with a request for taking necessary steps for enhancement of their fees w.e.f. 01.09.2012 at par with their counterparts Government Pleaders, Special Public Prosecutors, Public Prosecutors, Addl. Special Public Prosecutors etc. On consideration of the same, the Government of Orissa, Law Department by order dated 21.10.2014 vide Annexure-5 passed the order in concurrence with the Finance Department vide UOR No. 126/GS-II dated 28.04.2014 to revise the fees of Special Public Prosecutors/Addl. Special Public Prosecutors/Asst. Public Prosecutors of Vigilance Department with prospective effect from 21.10.2014. Accordingly, the petitioners have been extended the revised fee structure with effect from 21.10.2014. The petitioners being aggrieved by the said order again made representation to the Director Vigilance-cum-special Secretary to Government G.A. (Vigilance) Department, Orissa objecting to the extention of revision of fees prospectively with effect from 21.10.2014.
It is stated that when the similarly situated persons have been extended the benefit from 01.09.2012, there is no valid and justifiable reason to extend the said benefit to the petitioners with effect from 21.10.2014. The Government of Orissa, Law Department passed the order on 30.12.2014 in Annexure-7 reiterating the facts that there is no justification to revise the fees of Special Public Prosecutors/Addl. Special Public Prosecutors/Asst. Public Prosecutors (vigilance) retrospectively as Finance Department has agreed for revision of fees with prospective effect. Hence this case.
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Dr. A.K. Mohapatra, learned Senior Counsel appearing for the petitioners strenuously urged that in view of the definition of 'Public Prosecutor' mentioned in Rule-3(a) of the Orissa Law Officers Rules, 1971 read with pre-amended Section-492 of Cr.P.C. 1898 now under the amended Section 24 of the Cr.P.C. 1973 if the benefit of revision of fees have been extended to the Government Pleaders/Public Prosecutors/Additional Special Public Prosecutors/Asst. Public Prosecutors with effect from 01.09.2012, there is no valid justifiable reason for not extending such benefit to the petitioners from the date the same has been extended to their counterparts i.e. from 01.09.2012. Admittedly, the Government has extended the benefits to the petitioners with effect from 21.10.2014. Vide Annexure-7 dated 30.12.2014 while considering the claim of the petitioners, the Government of Orissa, Law Department has not assigned any reason why the petitioners shall not be extended the benefits from the date their counterparts have been extended such benefit i.e., 01.09.2012...
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