Orissa High Court
Purna Chandra Naik vs State Of Odisha And Others on 30 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28246 of 2023
Purna Chandra Naik .... Petitioner
Mr. A.K. Das, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Iswar Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 30.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel appearing 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, humbly prayed that your
Lordships may be pleased to direct the State/O.P.1 to
comply to the objection raised vide Principal A.G.
(A&E), Odisha letter dt. 11.7.2023 under Anx.6 and
furnish copy of the implementation order of
Administrative Deptt. for allowing higher grade pay of
Rs.4200/- under 1st RACP to the petitioner in
conformity to Finance Deptt. letter No.19420 dt.
1.7.2020 and resubmit the pension papers of the
petitioner to the A.G. (A&E) Odisha for finalisation of
pension.
And pass any other order/orders as deemed fit and
proper in the ends of justice, equity and fair play."
// 2 //
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
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
// 3 //
Authority is directed to complete the entire exercise within a period
of two months from the date of communication of this order.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Location: OHC CUTTACK
Date: 02-Sep-2023 17:45:09
