Bijaya Kumar Parida vs State Of Odisha & Others
2023 Latest Caselaw 8830 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.11368 of 2022

                 Bijaya Kumar Parida                     ....             Petitioner
                                                              Mr. M. Pati, Advocate
                                            -versus-
                 State of Odisha & others                ....      Opposite Parties
                                                                Mr. P.C. Das, A.S.C.

                                         CORAM:

                            JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 08.08.2023
    03.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State.

3. Learned counsel for the Petitioner submitted that the case of the Petitioner is covered by the decision of the Coordinate Bench of this Court in Sunil Kumar Mohapatra vs. State of Odisha & others in W.P.(C) No.16209 of 2020 disposed of vide judgment dated 01.03.2023. The Principle decided in Sunil Kumar Mohapatra's case (supra) has already been implemented by the Works Department in case of some employees. Accordingly, the RACP benefits have been extended as claimed by those persons vide order No.49708 dated 23.12.2022.

4. Learned Addl. Standing Counsel on the other hand submitted that in the event this Court disposed of the matter by directing the authorities to consider the case of the Petitioner in light of the law laid down by this Court in Sunil Kumar Mohapatra's case (supra) within a stipulated period of time and he will have no objection to the same.

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However, he further submitted that before extending the benefits the Opposite Parties be first directed to consider whether the principle laid down in Sunil Kumar Mohapatra's case (supra) is applicable to the facts of the present case or not ?

5. Considering the submission made by learned counsels appearing for the respective parties and on a careful examination of the background facts as well as the documents annexed to the writ application, this Court deems it proper to dispose of the writ application by directing the Opposite Party No.1 to consider the case of the Petitioner keeping in view the law laid down by this Court in Sunil Kumar Mohapatra's case (supra) within a period of two months from the date of production of the certified copy of this order. Further, it is also directed that in the event, the Opposite Party No.1 comes to a conclusion that the facts of the petitioner's case covered an identical to the case of Sunil Kumar Mohapatra's case (supra) then the benefits which have been extended by applying the principle in Sunil Kumar Mohapatra's case (supra) by different departments be also extended in the case of the Petitioner within a period of four weeks from the date of taking such a decision. The Opposite Party No.1 shall do well to communicate the final decision to the Petitioner within a period of two weeks from the date of taking such a decision as has been directed hereinabove.

6. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Aug-2023 18:15:53