Subash Chandra Mishra vs State Of Odisha And Others
2023 Latest Caselaw 14897 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.34955 of 2023

                 Subash Chandra Mishra                      ....              Petitioner
                                                          Mr. P.K. Mohapatra, Advocate

                                              -versus-

                 State of Odisha and others                 ....      Opposite Parties
                                                                 Mr.P.K.Muduli, A.G.A.
                                                         Mr.S.K.Patra, Standing Counsel
                                                                         for AG, 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. Mr. Mohapatra, 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. Mohapatra is not disputed by Mr. P.K. Muduli, learned AGA for the State-Opposite 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 2020 as well as the present Writ Petition being similar, the same is allowed in the light of the judgment pronounced by this Court on 01.03.2023 in W.P.(C) No.16209 of 2020.

5. Accordingly, the 2nd paragraph of the Order dated 25.02.2020 // 2 //

under Annexure-9, vide which Petitioner's Grade Pay of Rs.6,600/- in PB-3, Scale of Pay of Rs.15,600-39,100/- was reduced/revised to Grade Pay of Rs.5400/- in PB-2, Scale of Pay of Rs.9300-34,800/- with effect from 03.01.2013, is hereby quashed.

6. Since the Petitioner has already been superannuated in the meantime, the Opposite Parties are directed to allow the Petitioner Grade Pay of Rs.6,600/- in PB-3, Scale of Pay of Rs.15,600- 39,100/- with effect from 01.01.2013 in terms of 1st paragraph of the impugned Order dated 25.02.2020, as directed by the Tribunal vide Order dated 11.12.2018 in O.A. No.2914 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.

7. With the aforesaid observations/ directions the Writ Petition is disposed of.

8. 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 Reason: Authentication Location: High Court of Orissa Date: 21-Nov-2023 15:41:30