Orissa High Court
Minakhi Tripathy vs State Of Odisha & Others on 5 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29989 of 2023
Minakhi Tripathy .... Petitioner
Mr.Jyotirmay Gupta, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr.N.K.Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
Order No. ORDER
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
Additional Government Advocate for the State. Perused the Writ
Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
" Under the aforesaid facts and circumstances of
the case, it is therefore, prayed that this Hon'ble Court
may graciously be pleased to:
a) Quash the sanction order dated 16.02.2015 as at
Annexure-3, in so far s the Petitioner is concerned
and thereby direct the Opp.Parties to sanction the
Grade Pay of Rs.4,600/- as 3rd R.A.C.P. in favour
of the Petitioner w.e.f. 01.01.2013 and accordingly
revise pensionary benefits of the Petitioner, within a
stipulated period as may be prescribed by this
// 2 //
Hon'ble Court for the interest of justice;
b) Pass such other order or issue direction(s) as may
be deemed fit and proper in the bona fide interest of
justice."
4. It is submitted by the learned counsel for the Petitioner that
being aggrieved by the decision of the Opposite Parties vide Office
Order dated 16.02.2015 under Annexure-3 granting 3rd financial
upgradation under RACP with effect from 01.01.2013 in PB-1 with
Grade Pay Rs.2800/- the Petitioner has approached this Court by
filing the present Writ Petition.
5. At the outset, learned counsel for the Petitioner submitted that
an identical issue was the subject matter of dispute in Akshaya
Kumar Mohanty-v.-State of Odisha and others in W.P.(C)
No.8826 of 2021 disposed of on 30.03.2022. He further contended
that the case of the Petitioner is squarely covered by the decision
rendered by this Court in Akshaya Kumar Mohanty (supra). In
such view of the matter, learned counsel for the Petitioner submitted
that the authorities be directed to reconsider the case of the Petitioner
taking into consideration the abovenoted judgment of this Court.
6. Learned Additional Government Advocate contended that he
has not examined the applicability of the aforesaid judgment to the
fact of the present case. He fairy submitted that in the event the
Opposite parties are directed to verify whether the judgment is
covered as referred to herein above, he has no objection to the same.
7. Considering the aforesaid submissions made by the learned
counsel for the parties and on careful consideration of the
background facts of the present case, this Court deems it proper to
dispose of the Writ Petition at the stage of admission by directing the
Opposite Party No.1 to consider the case of the Petitioner afresh
keeping in view the law laid down Akshaya Kumar Mohanty-v.-
// 3 //
State of Odisha and others in W.P.(C) No.8826 of 2021 disposed
of on 30.03.2022 and in the event the authority comes to a conclusion
that the letter under Annexure then necessary steps be taken to extend
the benefit accruing the Petitioner within a period of two months
from the date of taking such a final decision. The final decision so
taken be also communicated to the Petitioner within two weeks from
the date of taking such decision.
8. With the aforesaid observation, the writ application stands
disposed of.
9. Issue urgent certified copy of this order as per Rules.
RKS ( A.K. Mohapatra )
Judge
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 09-Oct-2023 10:40:34
