STATE OF ODISHA & ORS Vs. SATYA NARAYAN BEHURA
SUPREME COURT OF INDIA
State Of Odisha And Ors
Satya Narayan Behura
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VINEET SARAN,J. -
(2.)The facts in all the appeals are similar, hence for the purpose of convenience, 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 considered hereunder.
(3.)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. At the relevant time, Orissa Revised Scales of Pay Rules,
1998 (for short, 'ORSP Rules, 1998') were in force. Rule 8 of the said Rules provided for Time Bound Advancement (for short
"TBA") scales to be given on completion of 15 years and 25 years
of service, which was in case the employees who had not availed
such benefit of promotion or TBA scales.
The Orissa Revised Scales of Pay Rules,2008 (for short, 'ORSP Rules, 2008') were notified, which came into force w.e.f. 01.01.2006. Rule 14 provided for Assured Career Progression (for short, 'ACP') which could be availed in three stages i.e. on completion 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 constituted by the Department.
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. According to the same, three financial upgradations were to be accorded on completion of 10 years, 20 years and 30 years of service in a single cadre, which was in the absence of any promotion. 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.
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