AI Structured Summary
Not yet generated for this judgment
Judgment
A.K. Mohapatra, J. :
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Review Petitioner as well as learned counsel appearing for the Opposite Parties-Contemnors.
Pursuant to order dated 14.08.2026, learned counsel appearing for the Review-Petitioner and Mr. Saurav Chakrabarty, who is working as the Special Planning Authority, Bhadrak, are present in Court today.
By virtue of order dated 14.08.2026, the Collector, Bhadrak was asked to remain present in Court, however it is submitted by the learned counsel appearing for the Opposite Party-Contemnor that due to severe flood situation in Bhadrak district, the Collector is preoccupied with relief and rescue operator and prayed for waiver of his personal appearance before this Court. Considering such submission, the personal appearance of the Collector, Bhadrak is dispensed with.
In course of hearing, learned counsel appearing for the Petitioner contended that the present review application has been filed seeking review of order dated 12.05.2025 passed in W.P.(C) No.13324 of 2025. He further contended that the Review- Petitioner i.e. the Special Planning Authority, Bhadrak while carrying out the order found it difficult to disburse the RACP benefits in favour of the writ Petitioners. While explaining such difficulty, learned counsel for the Petitioner contended that although as per Rule 12 of the OTP and IT Rules, 1975 where sanction of the Government is required in all financial matters, particularly relating to grant of financial benefits to the employees working under the Special Planning Authority, however the same was clarified by the H & UD Department, Government of Odisha vide the letter no.32693/HUD dated 27.12.2018 to the effect that the aforesaid prior approval would not be applicable to the cases were the Special Planning Authority is dealing with sanction of RACP/MACP pensionary benefits in favour of the serving and retired employees under such Planning Authorities and Regional Improvement Trust. Para-2 of the aforesaid letter, in no ambiguous terms, provides that the RITs/SPAs should comply the service benefits of the employees as per the Finance Department Circular without delay; grievance of employees is to be complied in time.
He further contended that while this was the position, another letter dated 07.03.2020 at Annexure-8 to the review petition was issued by the Housing & Urban Development Department, Government of Odisha, the aforesaid letter provides that the conditions of service of officers and employees of RITs/SPAs in respect of superannuation and retirement are governed by the provision contained under Rule 12 of the OTP & IT Rules, 1975. The trust is created with the previous sanction of the State Government and in terms of the regulation and by-laws proposed under Section 126 of the OTP & IT Act, 1956. In such view of the matter, learned counsel appearing for the Review-Petitioner contended before this Court that the order passed by this Court in the writ petition is sought to be reviewed in the present review petition needs to be reviewed by this Court in exercise of its review jurisdiction.
Mr. Patra, learned counsel representing the Petitioner, further contended that in view of the letter dated 07.03.2020 at Annexure-8 to the Review-Petition, the Review-Petitioner, who was the Opposite Party in the disposed of writ application, is finding it difficult to disburse the financial benefits under the RACP/MACP as is due and admissible to the employees working in the Special Planning Authority/Improvement Trust. Accordingly, a prayer was made that the order be reviewed and necessary further direction be passed to the Government to grant specific approval for sanction and disbursement of such benefits as is due and admissible to the employees working under the Special Planning Authority.
Mr. Lenka, learned counsel appearing for the Opposite Party No.1 on the other hand contended that the instruction from the Government in this regard is very clear. Further, drawing attention of this Court to the letter dated 27.12.2018, learned counsel for the Petitioner contended that a clear instruction has been given by the Administrative Department i.e. H & UD Department, Government of Odisha to all the Special Planning Authorities/all SPs in the State of Odisha with regard to sanction of RACP/MACP pensionary benefits. It was also contended before this Court on behalf of the writ Petitioner that no specific approval/sanction from the Government is necessary while extending the benefits of RACP/MACP to the employees working under the Special Planning Authority/Regional Improvement Trust. Learned counsel for the writ Petitioner further submitted that despite such clear direction by the concerned Administrative Department, the review petitioner who is required to carry out the direction this Court as has been directed vide order dated 12.05.2025 in W.P.(C) No.13324 of 2025, has not been carried out as of now.
Mr. Lenka, learned counsel appearing for the Opposite Party No.1 further referring to letter dated 11.02.2026 of the Finance Department, Government of Odisha submitted before this Court that a clarification has been issued with regard to the sanction of RACP benefits in favour of the Government Employees. Referring to the aforesaid letter dated 11.02.2026, learned counsel for the Petitioner contended before this Court that the Finance Department, Government of Odisha has issued a clear instruction to all Departments/ to all heads of Departments/ all Collectors with regard to sanction of the RACP/MACP benefits in favour of the employees. On perusal of the letter dated 11.02.2026, this Court found that the Additional Secretary to the Finance Department, Government of Odisha has issued such instruction to all Departments/ all Heads Departments/ all Collectors for sanction of RACP benefits adhering to the provisions of the Finance Department Resolution dated 06.02.2013 and 13.02.2025. It has also been clarified that no separate/specific Administrative Department approval shall be required for sanction of financial upgradation in case of the sanction of RACP benefits as has been sanctioned by the Appointing Authority strictly in accordance with the relevant Finance Department Resolution complying all procedural formalities. In view of the aforesaid two letters dated 27.12.2018 and dated 11.02.2026, learned counsel for the Petitioner submitted before this Court that there exists no hurdle with regard to grant of RACP benefits in favour of the writ petitioners by the Review-Petitioner. Accordingly, learned counsel for the Petitioner contended that the Review Petition being devoid of merit is liable to be dismissed.
Mr. D.K. Sahoo, learned Additional Government Advocate representing the Opposite Parties on the other hand contended that with regard to sanction of the RACP and MACP benefits, necessary instruction has been provided by the concerned Administrative Department i.e. H &UD Department, Government of Odisha as well as the Finance Department of the Government of Odisha. He further submitted that so far grant of RACP/MACP benefits is concerned, by virtue of the letter dated 11.02.2026, the Finance Department, Government of Odisha has issued a clear instruction to all Departments/ all Heads of Departments/ All Collectors with regard to sanction of such benefits in favour of the Government Employees. It is not disputed by the Parties that the writ Petitioners are to get service benefits at par with the Government Employees.
In view of the aforesaid factual scenario, this Court is required to decide as to whether any specific sanction/permission is necessary from the State Government by the Review Petitioner to sanction and disburse the RACP/MACP benefits. On a careful analysis, this Court is of the considered view that the letter dated 11.02.2026 of the Finance Department would also be applicable to the employees who are working under the Special Planning Authority/Regional Improvement Trust. On a careful scrutiny of the instruction issued by the concerned Administrative Department, this Court observes that the whole controversy arose due to failure in furnishing the proper instruction with clarity by the concerned Administrative Department. Although the letter of the Finance Department dated 11.02.2026, referring to the resolution dated 06.02.2013 and 13.02.2025 with regard to grant of benefits under the RACP/MACP benefit is very clear, learned Additional Government Advocate further contended that it is up to the Special Planning Authorities to act in accordance with the Government instructions.
Taking into consideration the rival contentions raised by the learned counsel for the respective Parties and on a close scrutiny of the letters issued by the Finance Department of the Government of Odisha, this Court arrives at the irresistible conclusion that the letter dated 11.02.2026 issued in the context of grant of the RACP/MACP benefits shall override all the letters and that the same is required to be followed by all Departments/all Heads of Departments/all Collectors and it is in respect of all Government Employees since the writ-Petitioner is to get benefits at par with the Government Employees. Therefore, there is no doubt at all in the mind of this Court that the circular dated 11.02.2026 of the Finance Department shall also apply to the employees working under the Special Planning Authority/Regional Improvement Trust. It was also brought to the notice of this Court that similar benefits have also been extended by some of the SPAs/RITs in the State of Odisha.
In view of the aforesaid analysis of the factual as well as the legal position and on a careful scrutiny of the prayer made in the review-application, this Court is of the considered view that the order dated 12.05.2025 passed in W.P.(C) No.13324 of 2025 does not call for any interference by this Court in exercise of its review jurisdiction. Therefore, this Court holds that the review petition is devoid of merit and, accordingly, the same is dismissed. However, while disposing of the present review application, this Court further clarifies that the Opposite Parties in the writ petition shall carry out the direction contained in order dated 12.05.2025 by taking into consideration the letter dated 11.02.2026 within a period of eight weeks positively from the date of this judgment. It is further made clear that in the event the procedure laid down in the letter dated 11.02.2026 is followed by the Special Planning Authority with regard to grant of RACP/MACP benefits, no such approval would be required from the Government and, accordingly, the Special Planning Authority shall proceed to sanction such benefits in favour of the writ Petitioners. Let the aforesaid exercise be carried out positively within the aforesaid period from the date of communication of a copy of today’s judgment.
Subject to the aforesaid observation and clarification, the review Petition stands dismissed.
The personal appearance of the Special Planning Authority, Bhadrak is hereby dispensed with.
Issue urgent certified copy of this Judgment as per Rules.