Orissa High Court
Chinari Badri Narayan Murti vs The Principal Secretary To Govt. ... on 6 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20451 of 2023
Chinari Badri Narayan Murti .... Petitioner
Mr. N.S. Panda, Advocate
-versus-
The Principal Secretary to Govt. of .... Opposite Parties
Odisha, BBSR & others
Mr. N.K. Praharaj, AGA
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 06.07.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. N.S. Panda, learned counsel appearing for the
petitioner as well as Mr. N.K. 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 the Hon'ble Court may
graciously be pleased to admit the case, call for the
relevant records and after hearing the parties pass the
following relief
To direct the Opp. Parties to grant the financial benefit
of Grade Pay of Rs.5400/- w.e.f. 1.1.2013 instead of
8.6.2015 to 31.12.2015 (Confined for 6 months) and
grant 3rd MACP be granted w.e.f. 1.10.2019 in the scale
of Rs.73,200 instead of Rs.71,100 within a stipulated
period and to pass such other order/orders as deemed fit
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and proper."
4. It is submitted by learned counsel for the petitioner that being
aggrieved by sanction of grade pay and RACP as well as MACP
benefits from a subsequent date. The Petitioner has approached this
Court by filing the present writ application. Learned counsel for the
petitioner submitted that earlier the Petitioner approached this Court by
filing W.P.(C) No.719 of 2021. A coordinate bench of this Court vide
order dated 22.01.2021 disposed of the writ application by directing the
Opposite Parties to consider the claim of the Petitioner in the light of
the judgment in the case of State of Odisha and another vrs. Bihari Lal
and others in W.P.(C) No.2831 of 2016 disposed of on 27.06.2016 and
further keeping in view the fact that similarly situated persons have
been extended benefits from a prior date in an petitioner and to take a
decision within two months from the date of communication of a
certified copy of that order. Pursuant to the direction of this Court dated
22.01.2021, the case of the Petitioner was reconsidered by the Collector
of Rayagada vide order dated 01.10.2021, the Petitioner was granted 2nd
RACP benefits and grade pay attached to from the 08.06.2015 to
31.12.2015. Thereafter, vide order dated 04.08.2022, the Petitioner was
granted a grade pay attached to Level-12, Cell-09 with effect from
01.10.2019. Learned counsel for the Petitioner at this juncture
submitted that similarly situated persons have been granted such
benefits from an earlier date than the date from which the petitioner has
been granted such benefit. He further contended that in the otherwise
the petitioner is entitled to the grade pay from an earlier date and not
from the date from which he has been extended the benefit by the
Opposite Parties. Challenging such discriminatory action, the petitioner
has approached this Court by filing the present writ application.
5. Learned Addl. Government Advocate, on the other hand,
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submitted that pursuant to the order passed by this Court earlier the
Petitioner has been granted the benefit as he is entitled to by applying
the law in State of Odisha vs. Bihari Lal Barik's case (supra). He
further contended that in the event, the Petitioner has any grievance
he should approach the Departmental Authority passed before
approaching this Court by filing the present writ application. In such
view of the matter, learned Addl. Government Advocate submitted
that he will have no objection in the event, the Petitioner is given
liberty to approach the competent authority to re-examine the case of
the petitioner in the light of law prevailing now.
6. Considering the submission made by the learned counsels
appearing for the respective parties and on a careful examination of
the background facts of the present case and keeping in view the fact
that the Petitioner has approached this Court by directing the
departmental authority, this Court deems it proper to dispose of the
writ application at the stage of admission by granting liberty to the
Petitioner to file a fresh representation before the Opposite Party
No.1 stating therein his grievance in detail along with all supporting
documents. It is further open to the petitioner the examples of
similarly situated persons who have been extended such benefit. In
the event, the representation is filed the Opposite Party No.1 shall do
well to consider the representation of the Petitioner strictly in
accordance with law and taking into consideration the fact that
similarly situated persons have been granted such benefits claimed by
the petitioner. The Opposite Party No.1 shall do well to consider the
case of the petitioner and dispose of the same by passing a speaking
and reasoned order within two months from the date of certified copy
of this order. The decision so taken be communicated to the
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Petitioner within two weeks thereafter.
7. 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: 07-Jul-2023 17:59:44
