Akshya Kumar Barpanda vs State Of Odisha & Others
2021 Latest Caselaw 11325 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                   W.P.(C) No.34076 OF 2021

Akshya Kumar Barpanda                     .....                   Petitioner

                                                     Mr. A.K. Das, Advocate
                                  Vs.
State of Odisha & others                  .....            Opposite parties

                                                             State Counsel



            CORAM:
                DR. JUSTICE B.R. SARANGI

                                          ORDER

05.11.2021

Order No. This matter is taken up hybrid mode.

2. Heard learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking direction to the State opposite parties for sanction and disbursement of grade pay Rs.4800/- in 3rd RACP w.e.f. 25.05.2014 to 18.06.2014 and grade pay @ Rs. 5400/- from 19.06.2014 till the date of his retirement on 30.11.2019 in view of Panchayati Raj Dept. notification dated 19.06.2014 under Annexue-3, where the grade pay of District Panchayat Officer (DPO) has been upgraded from Rs.4800/- to Rs.5400/- and as per the settled principle of law in Bihari Lal case and accordingly revise the pension with payment of consequential financial benefits to the petitioner.

4. In course of hearing, Mr. A.K. Das, 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).

5. 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.

6. With the aforesaid observation and direction, the writ petition is disposed of.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE