Rahendra Kumar Dighi vs State Of Odisha & Others
2023 Latest Caselaw 9912 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.27219 of 2023

                 Rahendra Kumar Dighi                    ....             Petitioner

                                                          Mr. A.K. Das, Advocate
                                             -versus-
                 State of Odisha & others                ....      Opposite Parties

                                                        Mr. N.K. Praharaj, A.G.A.

                                         CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 14.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard Mr. A.K. Das, learned counsel appearing for the petitioner as well as Mr. N. Praharaj, learned Addl. Government Advocate for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ application has been filed by the Petitioner with the following prayer:-

"It is, therefore, prayed that your Lordships may be pleased to direct the State/O.P. No.1 for sanction and disbursement of grade pay in 3rd RACP to the petitioner @ Rs.4800/- from 22.1.2014 to 18.6.2014 and to enhanced rate of grade pay of Rs.5400/- from 19.6.2014 till the date of retirement on 31.5.2023 by modifying/enhancing the grade pay from Rs.4800/- to Rs.5400/- vide Anx.5(at Sl.36) relating to the petitioner in the light of the principle decided in Bihari Lal Barik case as well as the Panchiyati Raj Deptt. notification dt.19.6.2014 under Anx.3 and accordingly revise the pension of the petitioner with all consequential financial benefits.

// 2 //

And pass any other order/orders as deemed fit and proper in the ends of justice, equity and fair play."

4. Learned counsel for the Petitioner submitted that being aggrieved by the conduct of the Opposite Parties particularly the Office of the Accountant General in returning the pension papers of the Petitioner with an endorsement that the same is being reserved for want of documents/ incomplete information the Petitioner has approached this Court by filing the present writ application. It is further contended that due to the inaction of the Opposite Parties, the Petitioner is deprived of him the pensionary benefits along with the grade pay which is entitled to of division of his pay scale under the RACP scheme. 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.

// 3 //

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 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 Jagabandhu

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 28-Aug-2023 10:38:48