Dr. Radhanath Das vs State of Orissa and Others

S.C. Parija, J.—This Writ Petition is directed against the Order Dated 16.7.2003 passed by the Orissa Administrative Tribunal, Bhubaneswar, in O.A.No. 1801. of 2002, dismissing the original application of the Petitioner.

The case of the Petitioner before the Learned Tribunal was that while working as an officer in the Veterinary & Animal Husbandry Department, he obtained Post Graduate Degree in Veterinary Science in the discipline of Gynaecology. The Petitioner was accordingly granted two advance increments with effect from 6.12.1995 in terms of the order of the State Government in the Fisheries & Animal Resources Development Department dated 17.7.1998, as per Annexure- 1 to the Writ Petition. Pursuant to such order of the State Government, the Directorate of Animal Husbandry & Veterinary Services, Orissa, dated issued orders 19.7.2002 & 20.7.2002, fixing the pay & other entitlements of the Petitioner, with effect from 1.1.1996. Subsequently, the fact of allowing advance increments wrongly with effect from 1.1.1996 instead of 6.12.1995 having come to the knowledge of the authorities, the Director of Animal Husbandry & Veterinary Services intimated the Sub-Divisional Veterinary Officer, Puri, to correct the same. Finally, the Director-Opp. Party No. 2 by Order Dated 12.8.2002 cancelled the Orders Dated 19.7.2002 & 20.7.2002 & directed that the revised pay fixation statement of the Petitioner, after allowing the advance increments from 6.12.1995 may be prepared & submitted to the Directorate for further action. The said order of the Director-Opp. Party No. 2 dated 12.8.2002 reads as under:

On verification of Service Book of Dr.R.N.Dash, Ex-A.V.A.S, Parikud, now C.D.V.O., Puri it is found that Govt. have sanctioned two advance increments in his favour on acquiring post Graduate degree in G.O.No. 11924/ FARD dated 17.7.98. But the advance increments have been allowed from 1.1.96 instead of 6.12.95 at the level of S.D.V.O., Puri which is not admissible as per rule, The circumstances under which the advance increments have been allowed from 1.1.96 instead of 6.12.95 may be enquired & a report submitted indicating the person(s) responsible for such lapses.

The revised pay fixation statement after allowing the advance increments from 6.12.95 may be prepared & submitted to this Directorate for further needful at this end. The original Service Book in 2 volumes along with L/A is returned herewith for re-submission with due compliance early. The pay fixation order & entitlement order issued in this Directorate Order No. 27167 dt.20.7.02 & No. 27031 dt. 19.7.02 respectively are hereby cancelled.

Being aggrieved by the aforesaid order of the Director dated 12.8.2002, the Petitioner moved the Learned Tribunal in O.A. No. 1801 of 2002. The plea of the Petitioner before the Learned Tribunal was that the said order of the Director is improper & illegal, as there was no sanction/concurrence of the State Government. It was the further case of the Petitioner that as he had the discretion to opt the date for allowing such advance increments from a later date, if it is beneficial to him & he having exercised such option for availing the benefit under the Orissa Revised Scale of Pay Rules, 1998, which came into force w.e.f. 1.1.1996, there was no impropriety or illegality in granting the advance increments with effect from the said date instead of 6.12.1995. Moreover, the Sub-Divisional Veterinary Officer, Puri, being the competent authority & the Drawing & Disbursing officer of the Petitioner, had rightly fixed the pay of the Petitioner, allowing the advance increments with effect from 1.1.1996, which had been approved by the State Government. Accordingly, the Petitioner pleaded that the cancellation of the pay fixation order by the Director was improper & illegal.

The plea of the State Government before the Learned Tribunal was that at the relevant point of time, there was a provision for the sponsored candidates to get two advance increments on completion of Post Graduate Degree in Veterinary Science. As the Petitioner had completed Post Graduate Degree in Veterinary Science, he was granted two advance increments with effect from 6.12.1995, as per the G.O.No. 11924 dated 17.7.1998 (Annexure-1), which had been duly communicated to the C.D.V.O., Puri & A.D.V.O., Puri, by memo dated 17,8.1998 of the Director, which was duly received by the S.D.V.O., Puri on 20.8,1998. Instead of allowing two advance increments to the Petitioner with effect from 6.12.1995, as per the order of the State Government dated 17.8.1998, the Petitioner was wrongly granted advance increments with effect from 1.1.1996 & accordingly his pay fixation had been done. When the said fact was detected, the Director issued the Order Dated 12.8.2002 cancelling the pay fixation order & the entitlement the order issued by the Directorate dated19.7.2002 & 20.7.2002. Accordingly, it was submitted that the said order of cancellation dated 12.8.2001 had only rectified the error and/or mistake committed in the earlier orders, allowing advance increments to the Petitioner with effect from 1.1.1996 instead of 6.12.1995.

The order of the State Government dated 17.7.1998, as per Annexure-1 to the Writ Petition, granting two advance increments to the Petitioner reads as under:

I am directed to convey the sanction of Governor to the grant of two advance increments in favour of Dr.Radhanath Dash, AVAS, Parikud, Puri in Class-II, Orissa Veterinary Service on acquiring the post graduate degree in Veterinary Science in the discipline of Gynaecology from O.D.A.T. with effect from 6.12.1995 in accordance with F.D.D.M. No. 2339/F dt.15.1.79 read with F.D.D.M. No. 551/F dt.7.1.87, D.M.No. 33423/F dt.3.6.87, F.D.D.M. No. 39676/F dt.12.9.96 Under Rule 80 of the O.S.C. provided that he is periphery service.

Learned Tribunal, considering the materials on record, came to find that in terms of the Government Order Dated 17.7.1998, two advance increments had been sanctioned by the State Government with effect from 6.12.1995 to the Petitioner in accordance with office memorandums of the Finance Department dated 15.1.1979, 7.1.1987, 3.6.1987 & 12.9.1996, as provided under the relevant rules. Further, the office memorandums of the Government dated 7.1.1987 provided that on possessing Post Graduate Degree, the concerned officer will be entitled to two advance increments from the date of the award of such Post Graduate Degree or the date of joining in service after completion of the course, whichever is later. Learned Tribunal found that it is not disputed by the Petitioner that he had acquired the Post Graduate Degree in Veterinary Science on 6.12.1995 & therefore, he was entitled to advance increments, on account of possessing the Post Graduate Degree only from 6.12.1995. Accordingly, the State Government had issued Order Dated 17.7.1998, granting two advance increments to the Petitioner on acquiring the Post Graduate Degree in Veterinary Science in the discipline of Gynecology with effect from 6.12.1995. In terms of the said Government order granting two advance increments to the Petitioner with effect from 6.12.1995, the Director, while rectifying the error regarding the date from which such increments were to be given effect to, clarified that the revised pay fixation statement after allowing the advance increments from 6.12.1995, may be prepared & submitted for doing the needful. Accordingly, Learned Tribunal proceeded to hold as under:

Therefore it is very clear from Annexure-7 that the applicant has been allowed the said advance increments with effect from 6.12.1995 & the revised pay fixation in terms of the O.R.S.P.Rules, 1998 with effect from 1.1.1996. Since the pay fixation order & entitlement order issued earlier on 20.7.2002 & 19.7.2002 were not correct because this fixation order & entitlement order were issued by allowing the two increments with effect from 1.1.96 wrongly instead of the correct date of 6.12.95 as per government order at Annexure-2 dated 17.7.98 in violation of government instructions & rules in this regard. Such wrong fixation could be revised at any time by the senior authorities to ensure that the advance increment is drawn from the correct date & thereafter the pay fixation is done correctly without any undue financial benefit or loss to the applicant. By Annexure 7 order the Director has only done so.

Therefore, we do not agree with the contention that the Director has acted beyond his power & jurisdiction by passing the order at Annexure-7 dated 12.8.2002. By that order he has only corrected the earlier managed wrong order recommended earlier by the S.D.V.O./C.D.V.O., Puri. Therefore we do not find any irregularity in the order at Annexure-7 dated 12.8.2002, contrarily the irregularity committed by the SDVO/CDVO, Puri earlier has been corrected by the said order. As a matter of fact, we do not find an iota or evidence on the submission that the said order has been passed to harass the applicant nor we find there is any mala fide in the said order. This is not a case of denial of any financial benefit due to the applicant. What the Respondent No. 2 has done, he has only corrected the wrong committed earlier in order to prevent the undue financial benefit by implementing correctly the orders of the Government. In view of the fact discussed. In our view, there is no merit or substance in the O.A. of the applicant, hence the order at Annexure 7 does not require any interference.

Considering the findings of the Learned Tribunal as given in the impugned order & the reasons assigned in support of the same, no impropriety or illegality can be said to have been committed by the Learned Tribunal, so as to warrant any interference.

The Writ Petition being devoid of merit, the same is accordingly dismissed.

B.P. Das, J.

I agree.