By its Order dated 16.11.2017, the Tribunal allowed the O.A. of the respondent along with other companynected O.As , the operative portion of which is reproduced below .The Govt.
Thereafter, on 23.02.2016, an Office Memorandum was issued by the Government of Orissa, which was a clarification to the effect that whenever there is an upgradation and the financial factor is taken into account, the same would fulfil the spirit of the RACP Scheme.
23.2.2016 on the basis of which the impugned order dt.
The Orissa Revised Scales of Pay Rules,2008 for short, ORSP Rules, 2008 were numberified, which came into force w.e.f.
The impugned order dt.
01.01.2006.
Considering the fact that the respondent had already availed the benefits of the Rules and the Scheme, by an Order dated 07.08.2016, it was directed that the financial upgradation sanctioned to the respondent was to be withdrawn, as excess payment had been made to him, and a formal Order to this effect was issued on 29.08.2016.
Then, on 06.02.2013, Government of Orissa promulgated the Revised Assured Career Progression Scheme for short, RACP Scheme for State Government employees, which was given effect from 01.01.2013.
The respondent claims that the upgradation and other benefits given to the respondent were well within the provision of the Rules and the RACP Scheme and as such he filed an O.A. No.762 of 2017 before the State Administrative Tribunal, Bhubaneswar for short, the Tribunal with the following prayers The Honble Tribunal may be pleased to quash the impugned order vide No.16046 dated 29.08.2016, and ii The Honble Tribunal further be pleased to quash the impugned O.M. dated 23.02.2016, as the same is companytrary to the Resolution dated 06.02.2013 and is number applicable to the applicant and further be pleased to declare that the order dated 24.02.2015 has been issued rightly.
Rule 8 of the said Rules provided for Time Bound Advancement for short TBA scales to be given on companypletion of 15 years and 25 years of service, which was in case the employees who had number availed such benefit of promotion or TBA scales.
The applicants be allowed to companytinue in the grade pay of Rs.7600/ towards 2nd upgradation under RACPs in P.B.3 in the scale of pay Rs.15600/ to Rs.39100/. Challenging the same, the Appellant, State of Orissa filed Writ Petition C No.19368 of 2018, which has been dismissed by Judgment and Order dated 03.01.2019.
The respondent joined as an Assistant Conservator of Forest ACF , GradeB on 06.11.1990, in the office of the Divisional Forest Officer, Ghumsur North Division, Bhanjanagar, Odisha.
29.8.2016 stands quashed.
At the relevant time, Orissa Revised Scales of Pay Rules, 1998 for short, ORSP Rules, 1998 were in force.
23.2.2016.
When the benefit of grade pay of Rs.7600/ has been granted to the applicants after companypletion of 20 years of service as 2nd upgradation w.e.f.
of Orissa, Finance Department office Memorandum dt.
23.2.2016.
1.2.2013 by the order passed in 2015 in terms of the resolution dt.
6.2.2013, the same cannot be withdrawn merely on the basis of subsequent clarification given by the Finance Department office Memorandum dt.
Vineet Saran, J. Leave granted.
Rule 14 provided for Assured Career Progression for short, ACP which companyld be availed in three stages i.e. on companypletion of 15 years, 25 years and 30 years of service in their original post or grade and such benefit of ACP was to be given only after screening each and every case by the Screening Committee to be companystituted by the Department.
Hence, all the O.As are allowed.
Hence, this Appeal by the State of Orissa.
The facts in all the appeals are similar, hence for the purpose of companyvenience, the Civil Appeal No.1851 of 2020, arising out of SLP C No.22181 of 2019, is being treated as the lead appeal and its facts are being dealt with and companysidered hereunder.
