WA/2993/2024 of STATE OF ODISHA Vs PITAMBAR PRASAD MISHRA on 7 July 2026

ORDER

07.07.2026

This Intra-Court Appeal by the State and its officials is directed against a learned Single Judge’s short order dated 06.05.2024, whereby Respondent-employee’s WPC(OAC) No.3114 of 2018 having been favoured, the following relief has been accorded to him. “6. Having heard learned counsel appearing for the Parties and considering the materials available on record, this Court finds that Petitioner on his appointment as a Hindi Teacher in the year 1984, his pay was fixed in the scale of pay of Rs.400/- - Rs.750/-. As further found from the record, Petitioner’s scale of pay was revised from time to time and last such revision was made in the year 2009. Petitioner thereafter while so continuing retired from service on attaining the age of superannuation on 31.03.2017. As found from the record, after such retirement of the Petitioner, basing on a complaint made by the Association, who as per the considered view of this Court has no role with regard to scale of pay allowed in favour of the Petitioner, the same was modified to Rs.370/- - Rs.630/- and direction was issued to pay back the excess amount so drawn.

6.1. Since Petitioner from his very initial date of appointment was allowed the scale of pay, which was also revised from time to time till he attained the age of superannuation on 31.03.2017, action of Opp. Party No. 3 to revise the scale of pay after around 34 years as per the considered view of this Court is not sustainable in the eye of law. Therefore, this Court is inclined to quash order dtd.03.10.2018 so passed by Opp. Party No. 3 under Annexure-3.

While quashing the same, this Court directs Opp. Party No. 3 to release the pension and other pensionary benefits as due and admissible in favour of the Petitioner.”

2. Appeal has been preferred after brooking delay of 147 days and seeking its condonation application in I.A. No.7833 of 2024 accompanied by an affidavit is also moved. We find some plausible explanation in the delay application and learned counsel appearing for the Respondent-employee is agreeable for condonation of delay very fairly. Therefore, application having been favoured the delay is condoned.

3. At Paragfraphs-6 & 6.1, learned Single Judge has rightly observed as under:

3.1. The pay was fixed wayback in the year 1984 and the Respondent- employee attained the age of superannuation for retirement on 31.03.2017. That being the case the alleged pay anomaly could not have been made good at this length of time, at least as a concession to the shortness of human life on the earth.

In the above circumstances, the appeal being devoid of merits is liable to be rejected and accordingly it is coupled with a direction to implement impugned order of the learned Single judge within an outer limit of six weeks, failing which stringent action may be followed in the next level of legal battle.

Web copy of this order to be acted upon by all concerned.

(Krishna S. Dixit) Judge

(Chittaranjan Dash) Judge Prasant

Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: Orissa High Court Date: 13-Jul-2026 18:35:45 Signature Not Verified