Kubera Pradhan vs State Of Odisha & Others .... ...
2023 Latest Caselaw 10973 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No. 13037 of 2023

            Kubera Pradhan                            ....                      Petitioner
                                                                 Mr. A. Kanungo, Adv.
                                            - Versus -

            State of Odisha & Others                     ....                 Opp.Parties
                                                                     Mr. S.N. Das, ASC
                            CORAM:
                              JUSTICE SASHIKANTA MISHRA

                                           ORDER

08.09.2023

Order No. 1. This matter is taken up through hybrid mode.

3.

2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3. The petitioner has approached this Court seeking the following relief;

"It is therefore prayed that this Hon'ble Court may be graciously pleased to issue a writ of mandamus directing the Opp. Party No.3 to act upon the recommendation of the screening committee held on 13.09.2022 and forwarded vide letter dated 04.11.2022 of the RCCF under Annexure-5 to extend the benefit of up gradation w.e.f. 20.05.1995 the 1st up-gradation (10 years) G.P. Rs. 2800/- and w.e.f. 20.05.2005, 2nd up gradation (20 years) in G.P. Rs. 4600/- and w.e.f. 20.05.2015 (3rd up gradation) 30 years in Grade Pay Rs. 5400/- under the MACP Scheme of vide Finance Dept. Resolution dated 06.02.2013 (Annexure-1) followed by the letter dated 25.11.2013 (Annexure-2) giving complete benefit of the judgment and Law decided in W.P.(C) No. 2331 of 2016 Bihari Lal's case (State of Orissa and another vs. Bihari Lal) disposed of on 27.06.2016.

And further be pleased to pass any other order/orders, writ/writs, direction/directions appropriate under the circumstances as this Hon'ble Court deem fit & proper;"

4. By way of an additional affidavit filed in Court today, Mr. A. Kanungo, learned counsel for the petitioner submits that the notification dated 10.02.2009 issued by the Government of

Orissa, Forest & Environment Department and consequential instructions issued by the Department on 24.05.2023 excluding the Ex-VFWs from the benefit of RACP has in the meantime been quashed by a judgment passed by a co-ordinate Bench of this Court in W.P.(C) No. 24975 of 2023. It is further submitted that similar matters in which the State had approached the Supreme Court of India have also been dismissed.

5. Mr. S.N. Das, learned Addl. Standing Counsel fairly submits that the case of the petitioner is squarely covered by the judgment passed by the coordinate Bench as referred above

6. In such view of the matter, the writ petition is disposed of in terms of the judgment passed by this Court in W.P.(C) No. 24975 of 2023 and by directing the opposite party No.2 to pass necessary orders in respect of the petitioner as early as possible, preferably within a period of two months from the date of communication of this order or on production of certificate copy by the petitioner.

(Sashikanta Mishra) A.K. Rana Judge

Signature Not Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court, Cuttack