Orissa High Court
Ajoy Kumar Mohapatra vs Union Of India And Others ..... Opposite ... on 21 May, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.13736 of 2024
Ajoy Kumar Mohapatra ..... Petitioner
Represented By Adv. -
Mr. Nirmal Ranjan
Routray
-versus-
Union Of India and others ..... Opposite Parties
Represented By Adv. -
Mr. P.K.Parhi, D.S.G.I.
along with
Ms. Babita Sahu, C.G.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
21.05.2024 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as Mr. P.K. Parhi, learned D.S.G.I. along with Ms. Babita Sahu, learned C.G.C., appearing for the Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed with the following prayer :
"The petitioner humbly prays that this Hon'ble Court may graciously be pleased to issue notice to the Opp. Parties, call for records and after hearing both the parties direct the Opp. Parties to grant notional increment w.e.f., 1st July, 2021 and release the differential superannuation financial benefits i.e., commuted value of pension, DCRG, Leave salary and arrear pension with 12% interest for the delayed period.
And to pass any other order(s) as this Hon'ble Court Page 1 of 3. deems fit and proper."
4. It is submitted by learned counsel for the petitioner that the issue of notionally increment has already been finally decided by the Hon'ble Apex Court in (Civil Appeal No.2471 of 2023) Director (Administration and HR) KPTCL and others vs. C.P. Mundinamani and others vide judgment dated 11.04.2023 and subsequently in SLP No.4722 of 2021 (Union of India and others vs. M.Siddaraj). However, the Railway Government of India, Ministry of Railways, has issued a circular on 09.02.2024 clarifying therein that the aforesaid judgment shall be applicable to those cases only where contempt have been filed and it was also stated that the fresh cases have been referred to the board for further clarification. Learned counsel for the petitioner contended that although he has approached the Opposite Parties pursuant to the aforesaid judgment of the Hon'ble Supreme Court by filing a representation on 12.02.2024 under Annexure-6 to the writ application, however, no decision has been taken on such representation as of now. In such view of the matter, learned counsel for the petitioner submitted that the Opposite Parties be directed to consider the case of the petitioner in the light of the judgment of the Hon'ble Supreme Court.
5. Mr. P.K. Parhi, learned D.S.G.I. appearing for the Railways, on the other hand, contended that although the issue engaged the attention of the Hon'ble Supreme Court and the same has been decided in the above noted case, however, in view of the latest circular of the Railway Ministry dated 09.02.2024 fresh cases are to be referred to the Railway Board seeking necessary clarification and on the basis of such clarification their cases shall be disposed of. On such ground, learned counsel for the petitioner submitted that the present writ application is premature and accordingly the same is not maintainable at this juncture.
6. Having heard learned counsels appearing for the respective Page 2 of 3. parties, on a careful examination of the background facts as well as materials on record, further taking into consideration the decision of the Supreme Court in the above noted cases, this Court is of the considered view that the issue of grant notional increment to the employees has attained finality by virtue the judgment of the Hon'ble Supreme Court. In the event the Railway Board comes up with a different policy, they there are at liberty to do so. However, till such policy is notified, the judgment of the Hon'ble Supreme Court shall be applicable to the all similar cases and the present petitioner cannot be discriminated against. In such view of the matter, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.3 to consider the representation of the petitioner under Annexure-6 and in the in the event it is found that the petitioner stands in a similar footing with the appellants in the above noted Civil Appeal No.2471 of 2023 then similar benefits be extended in favour of the petitioner within a period of two months from the date of communication of a certified copy of this order. The final decision so taken be intimated to the petitioner within two weeks thereafter.
7. With the aforesaid observations/ directions, the writ application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra ) Judge Signature Debasis Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK.
Date: 24-May-2024 14:30:40 Page 3 of 3.