Bibhuti Bhusan Rath vs State Of Odisha And
2023 Latest Caselaw 2920 Ori

Citation : 2023 Latest Caselaw 2920 Ori
Judgement Date : 6 April, 2023

Orissa High Court

Bibhuti Bhusan Rath vs State Of Odisha And on 6 April, 2023

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       W.P.(C) No.2399 of 2020

Bibhuti Bhusan Rath               .....                       Petitioner
                                              Mr. Manas Pati, Advocate
                                  Vs.
State of Odisha and               .....                Opposite Parties
another
                                                    Mr. G.N. Rout, ASC

                  CORAM: JUSTICE SANJAY KUMAR MISHRA

                                     ORDER

06.04.2023 Order No. The matter is taken up through hybrid mode.

06.

2. Mr. Pati, learned Counsel for the Petitioner files a copy of the judgment dated 01.03.2023 passed by this Court in W.P.(C) No.16209 of 2020 and submits that the present Writ Petition is covered by the said judgment of this Court.

3. A copy of the said judgment on being supplied, the submission of Mr. Pati is not disputed by Mr. G.N. Rout, learned ASC for the State-Opposite Parties.

4. This Writ Petition being identical to W.P.(C) No.16209 of 2020 with identical prayer and the impugned Order in W.P.(C) No.16209 of 2020 as well as the present Writ Petition being similar, the same is allowed in the light of the judgment pronounced by this Court on 01.03.2023 in W.P.(C) No.16209 of 2020.

5. Accordingly, the 3rd paragraph of the Order dated 10.01.2020 under Annexure-5, vide which Petitioner's Grade Pay of Rs.6600/- in PB-3, Scale of Pay of Rs.15600-39100/- was reduced/revised to Grade Pay of Rs.5400/- in PB-2, Scale of Pay of Rs.9300-34800/- with effect from 03.01.2013, is hereby quashed.

6. Since the Petitioner has already been superannuated on 31.07.2018, the Opposite Parties are directed to allow the Petitioner Grade Pay of Rs.6600/- in PB-3, Scale of Pay of Rs.15600-39100/- with effect from 03.01.2013 in terms of 1st and 2nd paragraphs of the impugned Order dated 10.01.2020, as directed by the Tribunal vide Order dated 26.03.2019 in O.A. No.1182 of 2019 and release the differential salary and pension of the Petitioner along with arrears within a period of four weeks from the date of communication of the certified copy of this Order.

7. The Writ Petition is disposed of.

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

padma (S.K. MISHRA) JUDGE