Pramod Kumar Patel vs State Of Odisha & Another
2023 Latest Caselaw 2580 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.16206 of 2020

                 Pramod Kumar Patel                   ....         Petitioner

                                       Mr. M. Pati,
                                       Advocate

                                           -versus-
                 State of Odisha & Another            .... Opposite Parties

                                       Mr. G.N. Rout,
                                       Additional Standing Counsel

                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                     ORDER

Order No. 29.03.2023

03. 1. This matter is taken up through hybrid mode.

2. Mr. Pati, learned Counsel for the Petitioner files a copy of the Judgment dated 01.03.2023 passed by this Court in W.P(C) No.16209 of 2020 and submits that the present Writ Petition is covered by the said Judgment of this Court.

3. A copy of the said Judgment on being supplied, the

submission of Mr. Pati is not disputed by Mr. G.N. Rout,

learned Additional Standing Counsel for the

State/Oppoiste Parties.

4. This Writ Petition being identical to W.P.(C) No.16209

of 2020 with identical prayer and the impugned Order in

W.P.(C) No.16209 of 2022 as well as the present Writ Petition being similar, the present Writ Petition is allowed

in the light of the Judgment pronounced by this Court on

01.03.2023 in W.P.(C) No.16209 of 2020. Accordingly, the

third paragraph of the Order dated 25.02.2020, under

Annexure-5, vide which Petitioner's Grade Pay of Rs.6600/-

in PB-3, Scale of Pay of Rs.15600-39100/- was

reduced/revised to Grade Pay of Rs.5400/- in PB-2, Scale

of Pay of Rs.9300-34800/- with effect from 03.01.2013, is

hereby quashed. Since the Petitioner has already been

superannuated on 30.06.2021, the Opposite Parties are

directed to allow the Petitioner Grade Pay of Rs.6600/- in

PB-3, Scale of Pay of Rs.15600-39100/- with effect from

01.01.2013 in terms of first and second paragraphs of the

impugned Order dated 25.02.2020, as directed by the

Tribunal vide Order dated 11.12.2018 in O.A. No.2916 of

2018 and release the differential salary and pension of the

Petitioner along with arrears within a period of four weeks

from the date of communication of the certified copy of this

Order.

                                                (S. K. Mishra)
Prasant                                             Judge