Birendra Kumar Padhee vs State Of Odisha And Others
2023 Latest Caselaw 3882 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.11780 of 2023

                 Birendra Kumar Padhee                   ....           Petitioner
                                                         Mr. A.K. Das, Advocate

                                              -versus-

                 State of Odisha and others              ....    Opposite Parties
                                                         Mr. Saswat Das, A.G.A.
                                         CORAM:

                             JUSTICE A.K. MOHAPATRA

Order No.                                   ORDER
                                           20.04.2023

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

2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"It is, therefore, prayed that your Lordships may be pleased to direct the State/O.P.1. to comply to the objection raised by A.G. (A&E), Odisha in their letter dated 17.03.2023 under Annexure-5 and furnish the copy of implementation of order of Administrative Department for allowing higher grade pay of Rs.4200/-

in 1st RACP in favour of the Petitioner in conformity to Para-4 of Finance Department Letter No.19420 dated 01.07.2020 under Annexure-6 and resubmit the pension papers along with the compliance report A.G. (A&E) Odisha for finalization of pension and pensionary // 2 //

benefits in favour of the Petitioner.

And pass any other order/orders as deemed fit and proper in the ends of justice."

4. Learned counsel for the petitioner states that similar question had come up for consideration before a Division Bench of this Court in W.P.(C) No. 2831 of 2016 disposed of on 27.06.2016 (State of Odisha and another vrs. Bihari Lal and others), which was arising out of an order dated 12.03.2015 passed by the State Administrative Tribunal in O.A. No. 520 of 2014 and this Court quashed the order dated 21.12.2013 (wrongly mentioned as 21.12.2012 in the judgment) and held that the applicants are eligible to get financial upgradation in the posts of GPEO/PA, ABDO/SDPO and DPO on completion of 10/20/30 years of service in the post of VLW under the RACP scheme. Therefore, the petitioner's case may be considered in the light of the said judgment.

5. It is also submitted by the learned counsel for the Petitioner that the Opposite Parties be directed to consider the case of the Petitioner as per the settled law decided in the case of State of Odisha vrs. Biharilal Barik decided by this Court in W.P.(C) No.20358 of 2017 decided on 23.08.2017.

6. Considering the submissions made, this Court disposes of the writ petition at the stage of admission by directing the Principal Secretary to Government, Panchayati Raj & D.W. Department, Odisha, Bhubaneswar (Opposite Party No.1) to consider the case of the petitioner within a period of two months from the date of receipt of certified copy of this order. The decision so taken shall be communicated to the Petitioner within a period of two weeks from the date of such decision. The case of the Petitioner shall be // 3 //

considered by the Opposite Party No.1 in the light of the judgment in the case of State of Odisha-vrs.-Biharilal Barik decided by this Court in W.P.(C) No.20358 of 2017 on 23.08.2017. The Competent Authority is directed to complete the entire exercise within a period of two months from the date of communication of this order.

( A.K. Mohapatra ) Judge

RKS