2 12.01.2021 This Matter Is Taken ... vs This Writ Petition Involves The ...
2021 Latest Caselaw 420 Ori

                 W.P.(         C.M.P.
                                   W.P.(C)
                                      No.1360
                                           No.721
                                              of 2015
                                                   of 2021




2   12.01.2021

This matter is taken up through Video conferencing.

Heard Sri N.S.Panda, learned counsel for the petitioners.

This writ petition involves the following prayer: "It is therefore prayed that the Hon'ble Court may graciously be pleased to admit the case, call for the relevant records and after hearing the parties pass the following order/orders:-

i) To direct Opp. Parties to modify the impugned order at Annexure-4 by granting the Grade Pay of Rs.5400/- instead of Rs.4800/- at the stage of 2nd Financial up-gradation under RACPs on completion of 20 years of continuous service with all other consequential service and financial benefits to the petitioners;

AND Further direction may be issued for re-fixation of his subsequent pay incorporating the modified grade pay of Rs.5400/- and for drawal and disbursement of arrear dues incurred out of such re-fixation to him within a time frame;

(ii) To direct Opp. Parties to dispose of the case of the petitioners as per the decision rendered by Hon'ble High Court in W.P.(C).No.2831/2016 and confirmed by the Hon'ble Apex Court and in W.P.(C).No.16356 of 2019 disposed of on 11.9.2019.

(iii) To pass such other order/orders as deemed fit and proper:

And for which act of kindness, the petitioners as in duty bound shall ever pray."

Taking into account the prayer specifically prayer no.(ii), in disposal of the writ petition this Court directs the competent authority to consider the claim of the petitioners involved herein in the light of the judgment dated 27.06.2016 in the case of State of Odisha and another Vrs. Bihari Lal and others, W.P.(C).No.2831 of 2016 and the order dated 11.09.2019 passed in W.P.(C).No.16356 of 2019 find place at Annexures- 8 and 9 respectively and also taking into consideration grant of similar benefit to the similarly situated persons vide Anenxure-10

within a period of two months from the date of communication of copy of this order along with copy of the judgment and order indicated hereinabove by the petitioners. As restrictions are continuing for Covid-19, petitioners may utilize the soft copy of this order available in the High Court's Website or print out thereof at par with certified copies in the manner prescribed vide Court's Notification No.4587 dated 25.3.2020.

Biswanath Rath,J

sks