WP(C)/13861/2021
2021 Latest Caselaw 6222 Ori

                           W.P.(C) No.13861 of 2021




2.   09.06.2021         The matter is taken up by video conferencing mode.
                        Heard Mr. A.K. Das, learned counsel for the petitioner
                  and learned Addl. Government Advocate.
                        The petitioner has filed this application seeking
                  direction to opposite parties for sanction and disbursement
                  of grade pay of Rs.4800/- in 3rd RACP from 01.01.2013 up
                  to 18.06.2014 and grade pay of Rs.5400/- from 19.06.2014
                  in view of Panchayati Raj Department Notification dated
                  19.06.2014 under Annexure-4 and consequential arrear
                  financial benefits be paid to the petitioner within a
                  stipulated time.
                         Mr. A.K. Das, 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   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
                  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 bringing 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.
              With the above observation and direction, the writ
        petition stands disposed of.
              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.



                                       ....................................

Ajaya (DR. B.R. SARANGI, J)