Pradeep Kumar Behera vs State Of Odisha And Others
2022 Latest Caselaw 4050 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No. 12062 of 2018

       Pradeep Kumar Behera                                             Petitioner
                                             ....         Mr. N. R. Panda, Advocate

                                        -versus-
       State of Odisha and Others            ....                  Opposite Parties
                                                            Mr. B. Panigrahi, ASC

                     CORAM:
                          MR. JUSTICE SANJAY KUMAR MISHRA

                                            ORDER

17.08.2022 Order No.

05. 1. This matter is taken up through hybrid mode.

2. Mr. B. Panigrahi, learned Addl. Standing Counsel, brings to the notice of this Court that being aggrieved by the judgment dated 28.02.2020 passed in W.P.(C) No.8148 of 2018 by a coordinate Bench, the State of Odisha preferred Writ Appeal No.319 of 2020, which was disposed of on 19.08.2020 modifying the impugned judgment dated 28.02.2020 passed in W.P.(C) No.8148 of 2018, to the effect that payment at the rate of Rs.533/- per day to the Home Guards be made w.e.f. January, 2020. He further submits that being aggrieved by the said Order of the Division Bench in W.A. No.319 of 2020, a Special Leave to Appeal (C) No(s). 12485 of 2020 was preferred by one Prakash Kumar Jena and others before the apex Court and on 18.12.2020, the apex Court passed the following Order:

" Issue notice limited to the question as to whether payment at the rate of Rs.533/- per day to the Home // 2 //

Guard be made from January, 2020 instead of 10.11.2016, returnable within six weeks.

Mr. Sibo Sankar Misra, learned counsel accepts notice on behalf of respondent Nos. 1 to 5.

being proforma respondent."

3. It is further submitted that in the said SLP, the apex Court on 12.05.2022, passed the following Order:

We have heard the learned counsel appearing for the parties.

It is not in dispute that the Home Guards in the State of Odisha are being paid only Rs.9,000/- per month (@ Rs. 3000/- per day). It is also not in dispute that many of the Home Guards are working since more than 15 years. The other Police personnel in the State are getting approximately Rs.21,700/- + D.A. as per the recommendations made by the Seventh Pay Commission (after 6 years of their contractual appointment).

To pay Rs.9,000/- p.m. is nothing but an exploitation. How a Home Guard Personnel can survive and maintain his family members on payment of Rs.9,000/- p.m. only when he is performing almost the same/similar duties which is performed by other Police Personnel. Therefore, we direct the State Government to reconsider its earlier decision of paying Rs.9,000/- p.m. only to the Home Guards.

Put up on 19.05.2022."

4. As submitted by the learned Addl. Standing Counsel for the State, thereafter till date no effective Order has yet been passed in the said S.L.P.

// 3 //

5. In view of such position, since the matter is subjudice before the apex Court, liberty is given to Petitioner to take appropriate steps for listing of the present Writ Petition after disposal of the said S.L.P.

(S. K. MISHRA) JUDGE

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