WP(C)/11301/2021
2021 Latest Caselaw 6232 Ori

                              W.P.(C) No.11301 of 2021




2.   09.06.2021           The matter is taken up by video conferencing mode.
                          Heard Mr. R.K. Patnaik, learned counsel for the
                  petitioner and learned Addl. Government Advocate.
                          The petitioner has filed this application seeking
                  direction to opposite party no.1 and opposite party no.4 to
                  sanction and disbursement of grade pay of Rs.5400/- in 3rd
                  RACP and the differential arrear financial benefits be paid to
                  the petitioner within a stipulated time.
                            Mr. R.K. Patnaik, 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.



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