Ranjeet Kumar Samal vs State Of Odisha & Others
2023 Latest Caselaw 4321 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.12285 of 2023


                 Ranjeet Kumar Samal                     ....            Petitioner
                                                         Mr. K.C. Sahu, Advocate
                                             -versus-
                 State of Odisha & others                ....      Opposite Parties
                                                        Mr. Iswar Mohanty, A.S.C.
                                         CORAM:

                             JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No.                                   25.04.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard Mr. K.C. Sahu, learned counsel for the Petitioner and Mr. Iswar Mohanty, learned Additional Standing Counsel.

3. It is submitted by the learned counsel for the Petitioner that the issue involved in the present case is directly and substantially involved in W.P.(C) No.16641 of 2022 (Manamohan Sahoo -v- State of Odisha and others). By a detailed judgment dated 30.09.2022 this Court has decided the issue. Accordingly, he submits that the case of the Petitioner is governed by the law laid down by this Court in Manamohan Sahoo -v- State of Odisha and others (supra).

4. Learned counsel for the Petitioner submits that without taking into consideration the direction in the case of Manamohan Sahoo -v- State of Odisha and others, an office order was passed under Annexure-11 whereunder the Petitioner has been sanctioned a Grade // 2 //

Pay of Rs.4800/- as against a Grade Pay of Rs.5400/- which the Petitioner claims in view of the judgment in the case of Manamohan Sahoo-v-.State of Odisha and others.

5. Learned Additional Standing Counsel on the other hand submits that let the Petitioner approach the competent authority once again and the competent authority shall consider the case of the Petitioner in view of the law laid down in the case of Manamohan Sahoo-v-.State of Odisha and others and refix the Grade Pay if the same is required in view of the judgment in the case of Manamohan Sahoo-v-.State of Odisha and others.

6. Considering the submissions made by the respective parties, the order dated 02.07.2021 under Annexure-11 and order dated 22.07.2021 under Annexure-12, so far as it relates to the Petitioner, are hereby set aside and the matter is remitted back to Opposite Party Nos.1, 2 & 4. Let the Petitioner approach the Opposite Parties No.2 and 4 along with a certified copy of this order and copy of the order in the case of Manamohan Sahoo -v- State of Odisha and others (supra). In the event the Petitioner approaches the Opposite Party No.2 and 4, the Opposite Party Nos.4 and 5 as well as Opposite Party Nos.1 and 2 shall do well to take a decision in the light of the law laid down in the case of Manamohan Sahoo-v-.State of Odisha and others (supra) within a period of eight weeks from the date of appearance of the Petitioner before Opposite party Nos.2 and 4. Further decision so taken shall be communicated to the Petitioner two weeks thereafter.

7. It is further submitted by the learned counsel for the Petitioner that in an identical case involving the identical issue a writ petition bearing W.P.(C) No.5644 of 2022 was preferred against the order of // 3 //

the Tribunal in O.A.No.726 of 2017. A Division Bench of this court dismissed the said writ petition vide order dated 24.04.2022. He further submits that the applicants in O.A.No.726 of 2017 have been extended the benefit claimed by them in the meantime.

8. With the aforesaid observation, the writ application stands disposed of.

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

( A.K. Mohapatra ) Judge Debasis