Orissa High Court
Sambhu Nath Khamari vs State Of Odisha And Others on 1 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23608 of 2023
Sambhu Nath Khamari .... Petitioner
Mr. A.K. Das, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. A.P. Das, ASC
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 01.08.2023
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 record.
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.Ps. for modifying the
office order No.767 dt. 28.7.2021 at Sl.1 under Anx.5
relating to the petitioner and sanction and disburse
grade pay in 3rd RACP to the petitioner @ Rs.4800/-
from 1.3.2014 to 18.6.2014 and Grade Pay @ Rs.5400/-
from 19.6.2014 till the date of retirement on 30.6.2022
in view of Panchayati Raj Det. Notification No.9652
dated 19.6.2014 under Anx.3 whre grade pay of Dist.
Panchayat Officer has been enhanced/upgraded from
Rs.4800/-/- to Rs.5400/- w.e.f. 19.6.2014 and as per the
settled principle of law in Bihari Lal case and
accordingly, the pension of the petitioner be revised
with payment of all consequential financial benefits.
And pass any other order/orders as deemed fit
and proper in the ends of justice."
// 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. It is further submitted by the learned counsel for the Petitioner
that the Opposite Parties have unilaterally modified the RACP
benefit which was earlier sanctioned in his favour and the same has
been reduced to Rs.4800/-. He also contended that a notice has been
issued to the Petitioner for recovery of the amount from him. Being
aggrieved by such unilateral revision of 3rd RACP benefits and
consequential reduction of the financial benefit, the Petitioner has
approached this Court by filing the present writ petition.
7. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination of
the background facts as well as keeping in view the limited nature of
// 3 //
grievance involved in the present writ petition, this Court think it
proper to dispose of the writ petition at the stage of admission by
granting liberty to the Petitioner to file a fresh representation before
the Opposite Party No.1 within a period of two months from today
taking therein all the grounds along with all supporting documents.
In the event the said representation is filed, the Opposite Party No.1
shall do well to consider the same keeping in view the judgment 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 and take
a final decision in the matter. It is further directed that in the event
the Opposite Party No.1 is of the view that the order under
Annexure-5 dated 28.07.2021 is required to be modified to
implement the law laid down by this Court in Biharilal Barik
(supra), then necessary orders be passed by the Opposite Party No.1
to modify the same within a period of four weeks from the date of
taking such decision.
8. With the aforesaid observation and direction, this writ petition
is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Signature Not Verified
Digitally SignedDebasis
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Location: OHC CUTTACK
Date: 06-Aug-2023 13:34:37
