Prasanna Kumar Prusty vs State Of Odisha And Others
2023 Latest Caselaw 8073 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.22707 of 2023

                 Prasanna Kumar Prusty                 ....           Petitioner
                                              Mr.Sukanta Kumar Dalai,Advocate

                                              -versus-
                 State of Odisha and others              ....         Opp. Parties
                                                              Mr.A.P.Das, A.S.C.
                            CORAM:
                           JUSTICE A.K. MOHAPATRA
                                            ORDER

Order No.                                 24.07.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard Mr.S.K.Dalai, learned counsel for the Petitioner and Mr.A.P.Das, learned Additional Standing Counsel for the State.

3. It is submitted by Mr.Dalai, learned counsel for the Petitioner contended that the Petitioner has filed this Writ Petition seeking to quash the order dated 03.04.2023 under Annexure-3, by which the Senior Accounts Officer of the Office of the Accountant General (A & E) Odisha, Bhubaneswar wrote to the Collector, Khurda returning the Service Book and Pension Papers of the Petitioner for want of documents/incomplete information and requested him to resubmit the same duly complied with. In view of such position, the Collector may resubmit the pension papers and other necessary documents to the Accountant General ( A & E) Odisha, Bhubaneswar for confirmation of the same, in view of the judgment of this Court in Biharilal Barik vs. State of Odisha W.P.(C) No.2831 of 2016 disposed of date 27.06.2016), which has been confirmed by the Apex Court in Diary No.20358 of 2017 decided on 23.08.2017 settling the position // 2 //

of law that the grade pay of the promotional post having hierarchy in the cadre is to be made available to the Government employee. The said principle is applicable to the Petitioner on completion of 20 years of continuous service.

4. Mr.A.P.Das, learned Additional Standing Counsel contended that since steps have already been taken, let the Collector be directed to forward the same to the Accounts Officer of the Office of the Accountant General (A & E) Odisha, ,Bhubaneswar for taking necessary steps for payment of pension to the Petitioner.

5. Considering the contentions raised by learned counsel for the parties, this Court directs the Collector and District Magistrate, Khurda to resubmit the pension paper of the Petitioner along with necessary documents to the Senior Accounts Officer of the Office of the Accountant General ( A & E), Bhubaneswar enabling him to get his pensionary benefits. On receipt of the same, the Senior Accounts Officer of the Office of the Accountant General ( A & E) Odisha, Bhubaneswar, while considering the case of the Petitioner, shall take into consideration the judgment of this Court in Biharilal Barik (supra). The entire exercise shall be done within a period of four months from the date of communication of this order.

6. With the above observation and direction the Writ Petition stands disposed of.

7. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra) Judge RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 25-Jul-2023 19:05:56