Orissa High Court
Pradip Kumar Tripathy vs State Of Odisha And Others on 29 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27296 of 2023
Pradip Kumar Tripathy .... Petitioner
Mr. P.C. Acharya, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. I. Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 29.08.2023
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. Perused the writ application as well as
documents annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"The petitioner therefore prays that your lordship
would be graciously pleased to admit this case, call for
record from the opp.parties, issues notice to the
opp.parties and after hearing the parties allow the same
with cost and further issue a writ in the nature of
mandamus/certiorari or any other or further
writs/directions directing the opp.parties to fix the G.P.
under 2nd and 3rd RACP at the rate of Rs.4600/- and
Rs.5400/- from 1.1.13 respectively by modifying
Annexure-8 or may direct the opp.party no-1 take a
decision on the representation of the petitioner taking
into account the decision of this Hon'ble court passed in
the case State vrs Biharilal (W.P.(C) No.2831/16
decided on 27.6.16) and Ramesh Ch. Deo vrs State
(W.P.(C) No.933/21 disp. On 27.4.23) & order
dt.4.12.18 passed in O.A. No.2809/18 by OAT, BBSR,
// 2 //
read with clause-10 of the RACP-13 or may pass any
other order as this Hon'ble court deems fit and proper,"
4. It is submitted by learned counsel for the petitioner that the
case of the petitioner is squarely covered by the ratio laid down by
this Court in W.P.(C) No.933 of 2021, which was disposed of on
27.04.2023 and W.P.(C) No.2831 of 2016, which was also decided
on 27.06.2016. In such view of the matter, learned counsel for the
petitioner submitted that the Opposite Party No.1 may be directed to
consider the case of the petitioner in the light the ratio laid down in
the aforesaid two judgments within a stipulated time and
accordingly, the financial benefits as is due and admissible to the
petitioner by applying the law laid down in the above noted cases
and sanction the same in favour of the petitioner within a stipulated
period of time.
5. Further, it is submitted by learned counsel for the petitioner
that despite several adjournments granted to the learned Additional
Standing Counsel for the State, nothing was brought on record with
regard to any disciplinary or criminal proceeding is pending against
the petitioner.
6. Learned Additional Standing Counsel for the State, on the
other hand, submitted that the petitioner has claimed that although
the case of the petitioner is covered by the judgments in the above
noted two cases, however, the same has not been examined. He
further submitted that he has no objection, if this Court is given a
direction to the Opposite Party No.1 to consider the case of the
petitioner and in the event Opposite Party No.1 comes to a
conclusion that the petitioner is identical case involved in the above
noted cases, then the benefits as is due and admissible and applying
the ratio laid down in the above noted two cases be also extended in
// 3 //
favour of the petitioner within a stipulated period of time.
7. Considering the submissions made by learned counsels
appearing for the respective parties, on a careful examination of the
background of facts of the case and keeping in view the judgments of
this Court dated 27.04.2023 and 27.06.2016 passed in the above
noted two writ applications, this Court deems it proper to dispose of
the writ application by directing the Secretary, Department of Forest
and Environment, Government of Odisha, Bhubaneswar-Opposite
Party No.1 to consider the case of the petitioner keeping in view the
above noted two judgments and in the event Opposite Party No.1
comes to conclusion that the petitioner stands on similar footing with
the above noted two writ applications then, he shall apply to the case
of the petitioner and necessary consequential benefits be also
extended in favour of the petitioner within a period of two months
from the date of production of certified copy of this order by the
petitioner. Decision so taken shall be communicated to the petitioner
within two weeks from the date of taking such decision.
8. With the aforesaid observation/direction, the writ petition
stands disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 01-Sep-2023 10:25:33
