Orissa High Court
Gopal Chandra Nayak vs State Of Odisha And Others on 4 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.19943 of 2023
Gopal Chandra Nayak .... Petitioner
Mr. S. Dash, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. A. P. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.07.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the Petitioner with
the following prayers:-
"On the aforesaid facts and circumstances, it is
therefore prayed that, this Hon'ble Court may
graciously be pleased to:
(i) Direct the Opp. Parties to allow Grade pay
of Rs.4600/- as 3rd RACP Benefit w.e.f.
01.01.2023 in Pay Band-II (9300-34800)
with arrear in addition to one increment on
01.03.2013 and to revise the salary under
ORSP Rule, 2017 w.e.f. 01.01.2016 and
sanction consequential benefits within
stipulated time period as deem fit and
proper for the bonafide interest of justice &
equity.
(ii) Pass such other order(s) / direction(s) as
// 2 //
deemed fit and proper for the bonafide
interest of justice"
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
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.
6. Considering the limited nature of prayer of the Petitioner and
considering the fact that the Principal Secretary to Government of
Orissa, Home Department, Bhubaneswar (Opposite Party No.1) shall
do well 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 decided on
// 3 //
23.08.2017. The writ petition stands disposed of directing the
Competent Authority to dispose of the case of the petitioner by
undertaking the entire exercise within a period of two months from
the date of production of certified copy of this order.
7. With the aforesaid observation/direction, the writ petition is
disposed of.
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: 05-Jul-2023 16:12:23
