Maheswar Patra vs State Of Odisha & Others .... Opposite ...
2024 Latest Caselaw 12995 Ori

Orissa High Court

Maheswar Patra vs State Of Odisha & Others .... Opposite ... on 9 August, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.19120 of 2024
        Maheswar Patra                             ....               Petitioner

                                                        Mr. M. Pati, Advocate

                                       -Versus-

        State of Odisha & others                   ....        Opposite Parties
                                                     Mr. N.K. Praharaj, AGA
                     CORAM:
                     MR. JUSTICE R.K. PATTANAIK

                                       ORDER

Order                                09.08.2024
No.
01.     1.         This matter is taken up through virtual mode.

2. Heard learned counsel for the petitioner and Mr. Praharaj, learned AGA for the State.

3. Perused the writ petition as well as documents annexed thereto.

4. 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 27th June, 2016 in the case of State of Odisha and another Vrs. Bihari Lal and others which arose out of an order dated 12th March, 2015 passed by the State Administrative Tribunal in O.A. No.520 of 2014 and the same was quashed by order dated 21st December, 2013 and allowed the financial upgradation on completion of 10,20,30 years of service in the post of VLW under the RACP scheme, therefore,

the petitioner's case may be considered in the light of the said judgment.

5. The following is the prayer and the same is quoted below:

"The petitioner therefore prays that your lordships would graciously be pleased to direct the opposite party No.1 to comply the order vide letter dt.07.03.2024 under Annexure-3 and furnish the implementation order of the Administrative Deptt. In conformity to Finance Department letter No.19420 dated 1.7.2020 under Annexure-8 for allowing higher grade pay of Rs.4600/- to the petitioner under RACP and submit the pension papers of the petitioner to A.G.(A&E), Odisha for finalization of pension.

And pass such order/directions as this Hon'ble Court August deem fit and proper."

6. Considering the grievance of the petitioner, this Court deems it proper to disposes of writ petition with a direction to the Principal Secretary to Government, Panchayati Raj & DW 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 taking such decision. It is further directed that the case of the petitioner shall be considered by opposite party No.1 in the light of the judgment in the case of Bihari Lal (supra).

7. With the aforesaid direction, the writ petition is disposed of.

8. Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

Balaram

Designation: Personal Assistant

Location: HIGH COURT OF ORISSA, CUTTACK