Adipati Kanhar vs The Principal Secy.To Govt
2021 Latest Caselaw 8923 Ori

                                   1




       IN THE HIGH COURT OF ORISSA AT CUTTACK


                  W.P.(C) No.25291 OF 2021

Adipati Kanhar                           .....                 Petitioner

                                               Mr. N.S. Panda, Advocate
                                 Vs.
The Principal Secy.to Govt.              .....         Opposite parties
of Odisha & Ors.
                                                          State Counsel




            CORAM:
                DR. JUSTICE B.R. SARANGI

                                         ORDER

26.08.2021

Order No. This matter is taken up through hybrid mode.

2. Heard Mr. N.S. Panda, learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to modify the order under Annexure-3 by granting Grade Pay of Rs.5400/- instead of Rs.4800/- at the stage of 2nd Financial upgradation under RACPS on completion of 20 years of continuous service and grant grade pay of Rs.6600/- at the stage of 3rd financial upgradation on completion of 30 years of service with all other consequential service and financial benefits to the petitioner and further to refix his subsequent pay incorporating the modified grade pay of Rs.5400/- and for drawal and disbursement of arrear dues incurred out of such refixation to him within a stipulated time..

4. In course of hearing, Mr. N.S. Panda, learned counsel for the petitioner states that the petitioner may be

permitted to move a fresh representation highlighting his grievances before the authority so that the same can be considered in the light of the ratio decided by this Court in State of Odisha and another v. Bihari Lal and others (W.P.(C) No.2831 of 2016 disposed of on 27.06.2006).

5. Considering the limited nature of grievance of the petitioner, this Court directs the petitioner to file a fresh representation within a period of fifteen days from today ventilating their grievances before the authority. In the event the petitioner files such representation along with the judgment passed by this Court in Bihari Lal (supra), the authority shall consider and pass appropriate order taking into consideration the ratio decided in Bihari Lal (supra) within a period of two months thereafter.

6. With the aforesaid observation and direction, the writ petition is disposed of.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE