Prafulla Chandra Kar vs State Of Odisha And Others
2021 Latest Caselaw 9342 Ori

        IN THE HIGH COURT OF ORISSA AT CUTTACK
                       W.P.(C) No. 26686 of 2021

Prafulla Chandra Kar                       .....                 Petitioner
                                                    Mr. P. Das, Advocate
                                      Vs.
State of Odisha and others              .....              Opposite parties

                                                             State Counsel

            CORAM:
               DR. JUSTICE B.R. SARANGI

                                      ORDER

07.09.2021

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

2. The petitioner has filed this writ petition seeking direction to the opposite parties to modify the office order dated 01.07.2020 issued by the Finance Department under Annexure-2 by clarifying para-4 and further seeks direction to revise the pension payment order dated 05.08.2021. He further seeks direction to opposite parties no.1, 2, 4 and 5 to take prompt action to release/issue revised final pension to the petitioner under Revised Assured Career Progression (RACP) Scheme in terms of the judgment of this Court in the case of Biharilal Barik vs. State of Odisha (W.P.(C) No. 2831 of 2016 disposed of on 27.06.2016), which has been confirmed by the apex Court in Diary No. 20358 of 2017 decided on 23.08.2017 settling the position of law that the grade pay of the promotional post having hierarchy in the cadre is to be made available to the Govt. employee. The said principle is applicable to the petitioner on completion of 20 years of continuous service.

3. Learned State Counsel contended that since steps have already been taken, let the Collector be directed to forward the same to the Accounts Officer of the office of the Accountant General (A & E) Odisha, Bhubaneswar for taking necessary steps for payment of pension to the petitioner.

4. Considering the contentions raised by learned counsel for the parties, this Court directs the Collector, Puri to resubmit the pension paper of the petitioner along with necessary documents to the Senior Accounts Officer of the office of the Accountant General (A & E) Odisha, Bhubaneswar enabling him to get his pensionary benefits. On receipt of the same, the Senior Accounts Officer of the office of the Accountant General (A & E) Odisha, Bhubaneswar, while considering the case of the petitioner, shall take into consideration the judgment of this Court in Biharilal Barik (supra). The entire exercise shall be done within a period of four months from the date of communication of this order.

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

Issue urgent certified copy as per rules.

Ashok (DR. B.R. SARANGI) JUDGE