2 22.01.2021 This Matter Is Taken ... vs Unknown
2021 Latest Caselaw 764 Ori

                 W.P.(         C.M.P.
                                   W.P.(C)
                                      No.1360
                                           No.2247
                                              of 2015
                                                    of 2021




2   22.01.2021                 This matter is taken up through Video conferencing.
                               Heard learned counsel for the parties.
                                The petitioner has filed this writ petition with a prayer to
                         direct the opposite parties to pay the Grade Pay of Rs.5400/-
                         towards 3rd RACP after completion of 30 years of service as per
                         the Orissa Revised Scale of Pay rules, 2017 and Government
                         Notification dtd.30th September, 2017 with PB-2 on completion of
                         10, 20 & 30 years of service and also to pay all consequential
                         financial benefits.
                                 Learned counsel for the petitioner submits that similar
                         matter question had come up for consideration before a Division
                         Bench of this Court in W.P.(C) No.2831 of 2016 disposed of on
                         27.6.2016 (State of Odisha and another vrs. Bihari Lal and
                         others), which was arising out of an order dated 12.3.2015
                         passed by the State Administrative Tribunal in O.A. No.520 of
                         2014 and this Court quashed the order 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 GPEQ/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 Additional 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 rival contentions of the parties and after
                         going through the records, this Court grants liberty to the
                         petitioner to approach the authority concerned by filing
                         representation bringing the notice of the authority the judgment in
                         Bihari Lal(supra), to which the authority shall apply his mind and
                          -2-




      pass appropriate order within a period of four months from the
      date of communication of this order. While considering the
      grievance of the petitioner, the order dated 20.1.2014 in
      Annexure-4 will be taken into consideration.
          With the above observation and direction, the writ petition
      stands disposed of.
           As restrictions are continuing for Covid-19, petitioner 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.


                                                           .
sks                                BISWANATH RATH,J.