Jagatananda Mangaraj vs State Of Odisha And Others
2023 Latest Caselaw 2659 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.9984 of 2023

                 Jagatananda Mangaraj                    ....            Petitioner
                                                        Mr. P.K. Sahoo, Advocate
                                              versus-

                 State of Odisha and others             ....      Opposite Parties
                                                        Mr. Arnav Behera, A.S.C.
                                        CORAM:

                               JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  03.04.2023

   01.      1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel appearing for the petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties.

3. The Petitioner has been allowed 2nd RACP of Rs.2800/- with effect from 01.01.2013 vide Annexure-2 dated 21.11.2022 and similarly situated persons have been allowed 2nd RACP of Rs.4600/- w.e.f. 01.01.2013 under Annexure-3 dated 25.12.2013. Hence the Petitioner has approached this Court with a prayer to allow him grade pay of Rs.4600/- instead of Rs.2800/- from the date of his entitlement.

4. Learned counsel for the Petitioner submits that in view of the ratio decided in O.A. No. 520/2014 and batch, the judgment of this Court in W.P.(C) No.2831/2016 in O.A. No. 65/2016 and batch, the Petitioner is entitled to get grade pay of Rs.4600/- toward 2nd RACP on completion of 20 years service from 01.01.2013.

// 2 //

5. Learned Additional Standing Counsel appearing for the State- Opposite Parties, on the other hand, submitted that he has no objection in the event the authorities to consider the case of the Petitioner in the light of the order/judgment relied upon by the Petitioner and pass necessary order in accordance with law within a stipulated period of time.

6. Having heard the learned counsels for the respective parties and upon a careful consideration of the background facts of the present case and further taking note of the judgment relied upon by the learned counsel for the Petitioner rendered by this Court as well as the Odisha Administrative Tribunal, this Court disposed of the writ petition by directing the Petitioner to approach the Opposite Party No.5 by filing a fresh representation along with the copies of the orders he relies in support of his claim within a period of three weeks from today. In the event such representation is filed before the Opposite Party No.5, the Opposite Party No.5 shall do dwell to consider the same in view of the orders and judgments passed by this Court as well as Odisha Administrative Tribunal and take a decision on such representation in accordance with law within a period of two months from the date of production of a copy of this order. The Opposite Party No.5 is further directed to act upon production of a copy of this order. The decision so taken on such representation be communicated to the Petitioner within two weeks thereafter.

7. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Debasis