WP(C)/16561/2021
2021 Latest Caselaw 6542 Ori

                           W.P.(C) No. 16561 of 2021




03.   24.06.2021         This matter is taken up by video conferencing mode.
                         Heard Mr. N.S. Panda, learned counsel for the
                   petitioner.
                         The petitioner has filed this writ petition seeking
                   direction to the opposite parties to modify the order
                   impugned dated 17.01.2015 in Annexure-5 by granting
                   them Grade Pay of Rs.5400/- instead of Rs.4800/- at the
                   state of 2nd Financial up-gradation under RACPS on
                   completion of 20 years of continuous service and accordingly
                   3rd MACP after completion of 30 years of service with all
                   other consequential service and financial benefits to the
                   petitioners. He further seeks for direction to the opposite
                   parties to refix their subsequent pay incorporating the
                   modified      Grade   Pay   of   Rs.5400/-   and   draw   and
                   disbursement of arrear dues incurred out of such re-fixation
                   within a stipulated time.
                         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).
                         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 his 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.
              With the aforesaid observation and direction, the writ
        petition is 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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(DR. B.R. SARANGI, J) Ajaya