Orissa High Court
Jaya Prakash Kanungo vs State Of Odisha And Others on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14303 of 2023
Jaya Prakash Kanungo .... Petitioner
Mr. Alok Kumar Das, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Tarun Pattnaik, A.S.C.
Mr. S.K. Patra, Standing Counsel
(For O.P. No.3)
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.05.2023
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioner, learned Additional
Standing Counsel appearing for the State-Opposite Parties and Mr.
S.K. Patra, learned Standing Counsel appearing for the Opposite
Party No.3-The Principal Accountant General (A&E), Odisha,
Bhubaneswar.
3. The present Writ Petition has been filed with the following
prayer:-
"It is therefore prayed that in the fact and
circumstances stated above and in the interest of justice
this Hon'ble Court pass an order making the RACP
provision operative from 01.01.2006 and direct the Opp.
Parties (authorities) to allow financial upgradation under
RACP scheme to the petitioner w.e.f. 01.01.2006 till his
retirement and revised his retirement benefit on the basis of
the enhanced emoluments in obedience of the judgment
dated 08.12.2017 passed by Hon'ble Supreme Court of
India in Civil Appeal Diary No.3744/2016 in the case of
"Union of India and others vrs. Balbir Singh Turn and
// 2 //
another" for the interest of justice.
And pass such other orders/issue such other
directions as this Hon'ble Court may deem proper to
secure the ends of justice."
4. It is submitted that the claim involved in the present case is
covered by the decision of the Hon'ble Apex Court passed in Civil
Appeal Diary No.3744 of 2016 and, as such, similar order be passed
in the present Writ Petition.
5. Considering such submission, the Petitioner is permitted to
move a fresh application claiming extension of the benefit as prayed
for in the present writ petition within a period of three weeks from
today before Opposite Party No.1.
6. It is observed that if such an application is filed within the
aforesaid period, the said Opposite Party No.1 while taking a
decision on the claim of the Petitioner shall take into consideration
the decision of the Hon'ble Apex Court as indicated hereinabove.
The entire exercise shall be completed within a period of three
months from the date of receipt of such representation. The order
passed by the authority be also communicated within that time. It is
observed that if ultimately it is found that the Petitioner is eligible to
get the benefit, then the said Opposite Party shall also take step to
extend the benefits as due and admissible within a further period of
three months.
7. With the aforesaid observations and directions, the writ
petition stands disposed of.
( A.K. Mohapatra )
Judge
Debasis
DEBASIS AECH Digitally signed by DEBASIS AECH
Date: 2023.05.10 20:16:12 +05'30'
