Orissa High Court
Tushar Ranjan Sadangi vs State Of Odisha And Others on 7 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23496 of 2023
Tushar Ranjan Sadangi .... Petitioner
Mr. D. Panigrahy, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. A.Pr. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 07.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned
Additional Standing Counsel appearing for the State-Opposites.
3. The Petitioner has filed this application to grant the benefit of
financial up-gradation under RACP Scheme to Grade Pay of
Rs.5400/- with effect from 18.7.2016 the date of eligibility of getting
3rd RACP in the light of the judgment of this Court in the case of
State of Odisha and another Vrs. Bihari Lal and others (W.P.(C)
No.2831 of 2016 disposed of on 27.6.2016) and similar matter in
W.P.(C) No.14528 of 2019 disposed of on 19.8.2019 and further
seeks for a direction to Opposite Parties to pay all consequential
financial benefits.
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
// 2 //
Odisha and another v. 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. Learned Additional Standing Counsel states that if the
Division Bench of this Court has resolved the issue, then the
Petitioner may approach the authority concerned ventilating his
grievance.
6. Considering the contention raised by learned counsel for the
parties and after going through the records, this Court grants liberty
to the Petitioner to approach the authority concerned by filing
representation brining the notice of the authority the judgment in
Bihari Lal (supra), to which the authority shall apply his mind and
pass appropriate order within a period of four months from the date
of communication of this order. While considering the grievance of
the petitioner, the order dated 19.02.2021 in Annexure-4 will be
taken into consideration.
7. With the above observation and direction, the writ petition
stands disposed of.
Urgent certified copy of this order be granted on proper
application.
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge ( A.K. Mohapatra )
Reason: Authentication
Location: OHC, CUTTACK Judge
Date: 07-Aug-2023 18:04:00
Jagabandhu
