Orissa High Court
Sk. Quamruddin vs State Of Odisha And Others on 5 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30851 of 2023
Sk. Quamruddin .... Petitioner
Mr. P.C. Acharya, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Tarun Patnaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 05.10.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ petition as well
as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the
following prayers:-
"The petitioner therefore prays that your lordships
would be graciously pleased to admit this case, call for
record from the opp. Parties, issues notice to the opp.
Parties and after hearing the parties allow the same with
cost and further issue a writ in the nature of
mandamus/certiorari or any other or further
writs/directions quashing Annexure-8, and further pass an
order directing the opp. Party no.1 to fix the G.P. under
3rd RACP at the rate of Rs.4600/- from 1.1.13 by
modifying pay fixation the order under Annexure-5 with
all arrears arising out of it or may direct the opp. Party
no.1 to take decision on the representation of the
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petitioner taking into account the decisions of this Hon'ble
court passed in the case State vrs BihariLal (W.P.(C)
No.2831/16 decided on 27.6.2016) & Ramesh Ch. Deo
vrs. State (W.P.(C) No.933 of 2021 disp. on 27.4.2021)
read and clause-10 of the RACP-13 or may pass any other
order as this Hon'ble court deems fit and proper."
4. It is submitted by the learned counsel for the Petitioner that being
aggrieved by the order dated 12.01.2021 passed by the Additional Chief
Secretary to Government of Odisha, Forest and Environment
Department under Annexure-8 thereby rejecting Petitioner's claim of a
Grade Pay of Rs.4600/- towards 3rd RACP financial upgradation in
respect of Forest Guard, the Petitioner has approached this Court by
filing the present writ petition. At the outset, learned counsel for the
Petitioner contended that the issue involved in the present writ petition
was also substantially an issue in Ramesh Ch. Deo vrs. State of Odisha
(W.P.(C) No.933 of 2021 decided on 27.4.2023). It is also contended
that the judgment of this Court in State of Odisha and another -vrs.-
Bihari Lal and others (W.P.(C) No.2831 of 2016 decided on
27.6.2016) which was affirmed by the Hon'ble Apex Court is also
applicable to the fact of the present case. In such view of the matter,
learned counsel for the Petitioner submitted that the impugned rejection
order is unsustainable in the eye of law and, as such, the same may be
quashed.
5. Learned Additional Government Advocate appearing for the
State-Opposite Parties, on the other hand, contended that after disposal
of the previous writ petition, the case of the Petitioner has been
considered by the authorities and on such consideration, it was found
that the Petitioner is not entitled to the RACP benefits claimed by him.
Accordingly, his prayer has been rejected vide a detailed order dated
12.01.2021 under Annexure-8 to the writ petition. Therefore, it is
contended that the present writ petition is devoid of merit and,
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accordingly, the same be dismissed.
6. Having heard the learned counsel appearing for the respective
parties and on a careful examination of the background facts as well as
on scrutiny of the judgments referred to hereinabove, this Court is of the
considered view that the impugned rejection order dated 12.1.2021
under Annexure-8 has not taken into consideration the judgments which
the Petitioner has been relying. In such view of the matter, this Court is
of the further considered view that the matter needs reexamination by
the Opposite Parties keeping in view the law laid down in the aforesaid
judgments.
7. Accordingly, the impugned order dated 12.01.2021 under
Annexure-8 is hereby set aside. The matter is remanded back to the
Opposite Party No.1 to consider the matter afresh keeping in view the
aforesaid judgments. Further, it is directed that in the event it is found
that the case of the Petitioner is covered by facts as well as law laid
down in the above noted judgments and in the absence of any other
legal impediment, similar benefits be extended to the Petitioner within a
period of three months from the date of communication of a certified
copy of this order.
8. With the aforesaid observation and direction, the writ petition is
disposed of.
9. A copy of this order be communicated to the Opposite Party
No.1 at the cost of the Petitioner.
( A.K. Mohapatra)
Signature Not Verified Judge
Digitally SignedDebasis
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Location: OHC CUTTACK
Date: 10-Oct-2023 19:41:05
