Sk. Siraj Ali vs State Of Odisha And Others
2022 Latest Caselaw 245 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.41996 of 2021

            Sk. Siraj Ali                             ....            Petitioner
                                                           Mr. Trilochan Barik,
                                                                      Advocate
                                         -versus-
            State of Odisha and others                ....     Opposite Parties
                                                               Mr. B.Mohanty,
                                         Standing Counsel for S. & M.E. Deptt.

                         CORAM:
                         JUSTICE A.K.MOHAPATRA
                                          ORDER

10.01.2022 Order No.

01. 1. This matter is taken up through Video Conferencing mode.

2. The present writ petition has been filed by the Petitioner with a direction to the Opposite Parties to dispose of the representation of the Petitioner for taking a final decision to sanction 3rd Grade Pay up-gradation as per the RACPS benefit fixed for Government employees vide Government Resolution No.10990/SME dated 20.06.2017 akin to Letter No.3353 dated 13.03.2020 and release/disburse the revised Pension corresponding to RACPS 3rd pay up-gradation pay in Matric C.T. pay scale of the Petitioner as per FD Resolution No.1738 dated 20.01.2014 and Government Resolution No.10990 SME dated 20.06.2017 and resolution No.20734/SME dated 05.10.2015 (under Annexures-3 to

8) read with ORSP Rules, 2017 and to pay the differential arrear full and final pension benefits flowing there from as per fixation of 3rd pay up-gradation by way of RACPS for completion of 30 years of service.

// 2 //

3. Considering the limited prayer of the Petitioner in the light of the judgment in O.A.No.1668 of 2017 confirmed in W.P.(C) No.6698 of 2020 and further confirmed in SLP(C) No.15573 of 2020, the writ petition stands disposed of directing the Competent Authority to dispose of the case of the petitioner applying the decision in O.A.No.1668 of 2017 confirmed in W.P.(C) No.6698 of 2020 and further confirmed in SLP(C) No.15573 of 2020 by undertaking the entire exercise within a period of two months from the date of communication.

4. Petitioner is directed to serve an extra copy of the brief on Mr. B. Mohanty, learned Standing Counsel for School & Mass Education Department for communication purpose.

5. As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022.

(A.K. Mohapatra) Judge Jagabandhu