Orissa High Court
Sudhakar Sahoo vs State Of Odisha & Others .... Opposite ... on 4 December, 2023
Author: A.K.Mohapatra
Bench: A.K.Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38223 of 2023
Sudhakar Sahoo .... Petitioner
Mr.P.K. Mohapatra, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. P.K.Muduli, A.G.A.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
04.12.2013
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for both the parties.
3. The writ petition has been filed by the Petitioner with the
following prayer:
Under the aforesaid facts and circumstances of the
case, it is therefore prayed that this Hon'ble Court may
graciously be pleased to:
i) "direct the Opposite Parties to grant the 2nd and
3rd Financial Up-gradation under RACP of G.P.
of Rs.4600/- and Rs.5400/- on completion of 20
and 30 years of service as Forester, as has been
given to other similarly situated Foresters, viz.
Debendra Nath Patra, Gajendra Behera, Lohit
Kr.Rath, Nimai Ch. Das, Gadadhar Panda, Samir
Kumar Rout, Purna Ch. Panda and others as at
Annexure-5 taking into account the Order dated
29.11.2018 and 09.01.2019 in
O.A.Nos.2726/2018 and 1297 of 2018 as at
// 2 //
Annexure-3 and 4 as per the principles, decided
by the Hon'ble Apex Court vide Order dated
28.04.2023 in SLP(C) Diary No.15046/2021,
State of Odisha & Ors-vrs.Debendranath Patra
and others and accordingly grant revised pension
and pensionary benefits to the Petitioner and
hereby quash the order dated 10.08.2023 vide
Annexure-8;
ii) Pass such other order(s) or issue direction(s) as
may be deemed fit and proper in the bona fide
interest of justice.
4. It is submitted by learned counsel for the Petitioners that
without examining the fact in its proper perspective, the Authorities
have rejected the grievance of the Petitioners vide order dated
10.08.2023 under Annexure-8. It is submitted by learned counsel for
the Petitioner that while considering the representation of the
Petitioner pursuant to the direction of this Court in the earlier writ
petition, bearing W.P.(C) No.29926 of 2022, disposed of on
15.11.2022, the Opposite Parties have mechanically rejected the
representation of the Petitioner without considering the entire issue
in its proper perspective and taking into consideration the law laid
down by the Hon'ble High Court in the case of State of Odisha and
another vs. Bihari Lal Barik in W.P.(C) No. 2831 of 2016 disposed
of on 27.06.2016 confirmed by the apex Court vide order dated
23.08.2017 in Diary No.20358 of 2017. It is further submitted by
learned counsel for the Petitioners that the Orissa Administrative
Tribunal while considering the O.A. No.1374 of 2018 which has
been confirmed by the Hon'ble Apex Court vide order dated
05.04.2023 in SLP(C)Diary No.15046/23 as at Annexure-9 and also
the ratio laid down by this Court in the case of Bihari Lal Barik
(supra) allowed the benefits to similarly circumstanced persons,
// 3 //
whereas the case of the Petitioner rejected. He further submits that
without consideration the legal aspects, the Authorities have rejected
the claim of the Petitioner by using straight jacket formula.
5. Learned counsel for the State on the other hand submits that
the Authorities have taken into consideration the aspect of the matter
and thereafter they found that Petitioner was not suitable to get such
benefits. When a question was posed to the State Counsel whether
taking into consideration the law laid down by this Court in Bihari
Lal Barik (supra), learned State Counsel submits that the law laid
down in the present issue by various courts having not taken into
consideration while considering the grievance of the Petitioner. He,
however, submits that the matter may be remanded back to the
concerned Authority and direction may also be issued to dispose of
the same taking into consideration the judgment of this Court in the
case of Bihari Lal (supra) and dispose of the same within a stipulated
time period.
6. Hearing learned counsel for the parties and taking into
consideration the materials available on record as well as law on the
subject, this Court disposes of the writ petition at the stage of
admission by setting aside the impugned order dated 10.08.2023
under Annexure-8 and further Opposite Party No.1 is directed to
reconsider the matter in the light of the law laid down by this Court
in the case of Bihari Lal Barik (supra) and the judgment of the
Tribunal under Annexure-4 which has been confirmed by the
Hon'ble Apex Court vide Annexure-9 as well as the benefits given
to others vide Annexure-10 within a period of two months from the
date of production of certified copy of this order.
// 4 //
7. With the aforesaid direction, the writ petition stands
disposed of.
8. Issue urgent certified copy of this order as per Rules.
(A.K. Mohapatra)
Judge
RKS
Location: High Court of Orissa
Date: 07-Dec-2023 11:41:07
