Rajendra Prasad Panda vs State Of Odisha And Others
2021 Latest Caselaw 11359 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 WP(C) No. 33790 of 2021

            Rajendra Prasad Panda                   ...                  Petitioner
                                                          Mr. A.K. Das, Advocate
                                             -Versus -
            State of Odisha and others              ...            Opposite Parties
                                                                   State Counsel


                         CORAM:
                          DR. JUSTICE B.R. SARANGI
                                           ORDER

06.11.2021

Order No. This matter is taken up through hybrid mode.

2. Heard learned counsel for the parties.

3. The petitioner has filed this writ petition seeking direction to opposite parties for sanction and disbursement of grade pay of Rs.4800/- in 2nd RACP w.e.f. 01.01.2013 to 18.06.2014 and Grade pay @ Rs. 5400/- from 19.06.2014, i.e. the date from which the grade pay of District Panchayat Officer (DPO) has been upgraded vide Annexure-4 and further direct the opposite parties to sanction and disburse grade pay @ Rs. 6,600/- in 3rd RACP/MACP on completion of 30 years of service with effect from 13.02.2019.

4. 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.

5. 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.

6. Considering the contentions 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 brining 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.

7. With the above observation and direction, the writ petition stands disposed of.

Issue urgent certified copy as per rules.

Arun                                               (Dr. B.R. Sarangi)
                                                        Judge