Nityananda Sahu vs State Of Odisha & Ors. .... Opposite ...
2023 Latest Caselaw 15754 Ori

Orissa High Court

Nityananda Sahu vs State Of Odisha & Ors. .... Opposite ... on 7 December, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C)(OAC) No.1235 of 2014

        Nityananda Sahu                         ....              Petitioner
                                                        Mr. B. Dash, Advocate

                                               -versus-

        State of Odisha & Ors.                  ....              Opposite Parties
                                                          Mr. M.K. Balabantaray, AGA


                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

07.12.2023 Order No

10. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. B. Dash, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. The Petitioner has filed the present writ petition inter alia with the following prayer:-

"a. The Original Application may be allowed. b. The respondents may be directed to extend the benefits of RACP Scheme granting financial up-gradation to the applicant on completion of 10, 20 and 30 years of service within a time to be stipulated by this Hon'ble Tribunal. c. The respondents may be directed to clear up the arrear differential amount flowing out from benefits of RACP Scheme within a time to be stipulated by this Hon'ble Tribunal.

d. Such other order(s)/direction(s) may be issued in giving complete relief to the applicant."

// 2 //

4. In course of hearing learned counsel for the Petitioner contended that the claim as made in the preset writ petition is squarely covered by a Judgment passed by this Court on 02.05.2023 in W.P.C.(OAC) No. 1208 of 2014.

5. Mr. Balabantaray, learned Addl. Govt. Advocate on the other hand contended that if the claim as made in the writ petition is covered as contended, Petitioner may approach Opp. Party No. 2 for consideration of his grievance in the light of the said Judgment.

6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the writ petition, permits the Petitioner to make an appropriate application for extension of the benefit as prayed for in the writ petition before Opp. Party No. 2 within a period of two (2) weeks from the date of receipt of this order. Opp. Party No. 2 is directed to take a lawful decision on the application within a further period of three (3) months. However, it is observed that while taking such a decision, the effects and relevancy of the Judgment dtd.02.05.2023 so passed by this Court in the above noted case be taken into consideration in its proper perspective.

7. The writ petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha

Location: High Court of Orissa, Cuttack