Ashok Kumar Mishra vs State Of Odisha & Ors
2021 Latest Caselaw 11508 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                  W.P.(C) No.34812 OF 2021

Ashok Kumar Mishra                          .....                      Petitioner

                                                       Mr. P.K. Mishra, Advocate
                                    Vs.
State of Odisha & Ors.                      .....               Opposite parties

                                                                  State Counsel




            CORAM:
                DR. JUSTICE B.R. SARANGI

                                            ORDER

10.11.2021

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

2. Heard Mr. P.K. Mishra, learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to grant Grade Pay of Rs.5400/- at the stage of 1st Financial upgradation under RACPS on completion of 10 years of continuous service and grant Grade Pay of Rs.6600/- at the stage of 2nd Financial upgradation under RACPS after completion of 20 years of service and grant Grade pay of Rs.7600/- at the stage of 3rd Financial upgradation under RACP after completion of 30 years of service with all other consequential service and financial benefits to him and further seeks direction for re-fixation of his subsequent pay incorporating the modified grade pay of Rs.5400/-, Rs.6600/- and Rs.7600/-for drawal and disbursement of arrear dues and retirement dues incurred out of such refixation to him within a stipulated time.

4. In course of hearing, Mr. P.K. Mishra, 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) and State of Odisha v. Bikash Ranjan Das in W.P.(C) No.18749 of 2018 and batch disposed of on 29.10.2021 (Annexure-6)..

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 their grievances before the authority. In the event the petitioner files such representation along with the judgment passed by this Court in Bihari Lal & Bikash Ranjan Das (supra) and the authority shall consider and pass appropriate order taking into consideration the ratio decided in Bihari Lal & Bikash Ranjan Das (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