Orissa High Court
Ramesh Chandra Joshi vs State Of Odisha & Ors on 4 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 21132 of 2021
Ramesh Chandra Joshi ..... Petitioner
Mr. P.K. Rath, Adv.
- Versus -
State of Odisha & Ors. .... Opposite Parties
Addl. Govt. Advocate
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
04.08.2021
Order No. This matter is taken up through hybrid (virtual/physical mode).
01 Heard learned counsel for the parties.
The petitioner has filed this application seeking direction to
opposite parties for sanction of grade pay of Rs.5400/- in 3rd RACP
on completion of 30 years of service w.e.f. 14.02.2016 in view of
Panchayati Raj Dept. Notification No. 9652 dated 19.06.2014 under
Annexure-7 and as per the settled principle of law in the case of
State of Odisha and another v. Bihari Lal and others (W.P.(C)
No.2831 of 2016 disposed of on 27.06.2016) and further directs the
State/opposite parties to quash the order no. 451 dated 21.03.2018
at serial no.4 of the order passed by the Collector, Balangir under
Annexure-1 where Grade Pay of Rs.4800/- in 3rd RACP has been
allowed to the petitioner .
Mr. P.K. Rath, learned counsel for the petitioner states that
similar question had come up for consideration before a Division
Bench of this Court in W.P.(C) No. 2831 of 2016 disposed of on
27.06.2016 (State of Odisha and another v. Bihari Lal and
others), which was arising out of an order dated 12.03.2015 passed
by the State Administrative Tribunal in O.A. No. 520 of 2014 and
this Court quashed the letter dated 21.12.2013 (wrongly mentioned
as 21.12.2012 in the judgment) and held that the applicants are
eligible to get financial upgradation in the posts of GPEO/PA,
ABDO/SDPO and DPO on completion of 10/20/30 years of service
in the post of VLW under the RACP scheme. Therefore, the
petitioner's case may be considered in the light of the said
judgment.
Learned Addl. Government Advocate states that if the Division
Bench of this Court has resolved the issue, then the petitioner may
approach the authority concerned ventilating his grievance.
Considering the contention raised by learned counsel for the
parties and after going through the records, this Court grants
liberty to the petitioner to approach the authority concerned by
filing representation brining the notice of the authority the
judgment in Bihari Lal (supra), to which the authority shall apply
his mind and pass appropriate order within a period of four months
from the date of communication of this order.
As the restrictions due to resurgence of COVID-19 situation
are continuing, learned counsel for the parties may utilize a
printout of the order available in the High Court's website, at par
with certified copy, subject to attestation by the concerned
advocate, in the manner prescribed vide Court's Notice No.4587,
dated 25th March, 2020 as modified by Court's Notice No. 4798
dated 15th April, 2021.
(DR. B.R. SARANGI,)
Alok JUDGE
