Orissa High Court
Sarat Chandra Raita vs State Of Odisha & Others .... Opposite ... on 12 August, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18211 of 2024
Sarat Chandra Raita .... Petitioner
Mr. A.K. Das,
Das Advocate
-Versus-
State of Odisha & others .... Opposite Parties
Mr. H.K. Panigrahi,
Panigrahi ASC
CORAM:
MR. JUSTICER.K. PATTANAIK
ORDER
12.08.2024
Order No.
01. 1. This matter is taken up through virtual mode.
2. Heardl
Heardlearned counsel for the respective parties.
parties
3. The present writ petition has been filed by the petitioner
with the following prayer:
"It is, therefore, prayed that your Lord
ordships may
be pleased to direct the State/0.P.No,l
/0.P.No,l for
sanction and disbursement of financial
upgradation in 3rd RACP/ MACP on completion
of 30 years of service in the post of VLW/PEO
V
with promotional
motional grade pay of Dist.Panchayat
Office @ Rs.5400/- w.e.f. 24.l0.20l6
l0.20l6 in the light
li
of the principle decided in Bihari Lal
al case and
modify the wrong
rong order of pay fixation on 3rd
MACP by the BDO, R.Udayagiri
ri (O.P.6)
(O on
dt.4.11.2023 under Anx.3
3 and refix the pay of the
petitioner in appropriate Call and bevel in pay
matrix of ORSP Rules, 2017 In view of similar
orders of Panchayati Raj and D.W. Dept.
Dept dated
18.1.2023 under Anx.5 and further direct the
State/O.P.1 to revise the pension and furnish
furnis
compliance report in response to
A.G(A&E)Odisha
)Odisha letter dt.17.4.2024 under Anx.7
and resubmit the pension papers
rs of the petitioner
to A.G. (A&E) Odisha for finalisation
nalisation of pension
matter.
And pass any other order/orders
/orders as
deemed fit and proper in the ends of justice.
And for which act of kindness, the
petitioner shall as in duty bound ever pray."
pray.
4. Learned counsel for the petitioner submitted that being
aggrieved by the conduct of the opposite parties particularly the
Office of the Accountant General in returning the pension papers of
the petitioner with an endorsement that the same is being reserved
for want of documents/incomplete information,
information the petitioner has
approached this Court by filing the present writ petition. It is further
contended that due to the inaction of the opposite parties, the
petitioner is deprived of his
hi pensionary benefits along with the
Grade pay which he is entitled to with revision of his pay scale
under the RACP scheme. 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 27.06.2016 (State
( of Odisha and another Vrs. Bihari Lal and
), which was arising out of an order dated 12.03.2015 passed
others),
by the State Administrative Tribunal in O.A. No.520 of 2014 and
this Court quashed the order dated 21.12.2013 (wrongly mentioned
as 21.12.2012 in the judgment) and
and held that the applicants are
eligible to get financial up-gradation
up gradation in the post of GPEO/PA,
ABDO/SDPO and DPO on completion of 10,20,30
10 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.It is also submitted by the learned counsel for the
petitioner that the opposite parties be directed to consider the case
of the petitioner as per the settled law decided in the case of
Biharilal Barik(supra).
Barik
5. Considering the
the submissions made, this Court disposes of
the writ petition at the stage of admission by directing the Principal
Secretary to Government, Panchayati Raj & D.W. Department,
Odisha, Bhubaneswar (Opposite Party No.1) to consider the case of
the petitioner within
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 such decision. The case of the petitioner shall be
considered by opposite party No.1 in the light of the judgment in
the case of Biharilal Barik(supra).. The competent Authority is
directed to complete the entire exercise within a period of two
months from the date of communication of this order.
6. Hence, it is ordered.
7. In the result, the writ petition stands disposed of.
8. Urgent certified copy of this order be issued as per rules.
(R.K.Pattanaik)
Judge
TUDU
