Hrushikesh Hota vs State Of Odisha And Others
2023 Latest Caselaw 14895 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No. 37218 of 2023

            Hrushikesh Hota                           ....                Petitioner
                                                           Mr. A.K. Das, Advocate
                                           -versus-
            State of Odisha and others                ....        Opposite Parties
                                                              Mr. P.K.Muduli, A.G.A.
                                                              Mr.S.K.Patra, Standing
                                                              Counsel for A.G.Odisha


                      CORAM:
                      JUSTICE A.K.MOHAPATRA

                                          ORDER

Order No.                                17.11.2023
   01.      1.      This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).

2. Heard Mr. A.K. Das, learned counsel appearing for the petitioner as well as Mr. P.K.Muduli, 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 your Lordships may be pleased to direct the State/O.P.No.1 for sanction and disbursement of financial upgradation under 3rd RACP on completion of 30 years of service in the post of VLW with promotional grade pay of District Panchayat Officer @ Rs.4800/- from 13.01.2014 to 18.06.2014 and enhanced grade pay Rs.5400/- from 19.06.2014 till the date of retirement 31.07.2020 in view of Panchayati Raj Department Notification dated 19.06.2014 under annexure-3 and the settled principle of aw in Bihari Lal case and accordingly, the order // 2 //

under Annexure-5 be modified, pension of the Petitioner be revised and the pension papers be resubmitted to A.G.(A&E) Odisha by O.P.1 in response to A.G's letter under annexure-8 with compliance report for finalization of pension with all consequential financial benefits.

And pass any other order/orders as deemed fit and proper in the ends of justice."

4. Learned counsel for the Petitioner submitted that being aggrieved by the conduct of the Opposite Parties particularly the Office of the Accountant General in returning the pension papers of the Petitioner with an endorsement that the same is being reserved for want of documents/ incomplete information the Petitioner has approached this Court by filing the present writ application. It is further contended that due to the inaction of the Opposite Parties, the Petitioner is deprived of him the pensionary benefits along with the grade pay which is entitled to of division of his pay scale under the RACP scheme. 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,

// 3 //

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 SLP Diary No.20358 of 2017 decided on 23.08.2017.

6. Considering the submissions made, this Court disposes of the writ petition at the stage of admission by directing the Principal Secretary to Government, Panchayati Raj & D.W. Department, Odisha, Bhubaneswar (Opposite Party No.1) 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 the Hon'ble apex Court in SLP Diary No.20358 of 2017 on 23.08.2017. The Competent Authority is directed to complete the entire exercise within a period of two months from the date of communication of this order.

Urgent certified copy of this order be granted on proper application.

(A.K. Mohapatra) Judge RKS Signature Not Verified Digitally Signed

Reason: Authentication Location: High Court of Orissa Date: 21-Nov-2023 15:41:32