Orissa High Court
Jadumani Pradhan vs State Of Odisha And Others .... Opp. ... on 31 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1951 of 2024
Jadumani Pradhan .... Petitioner
Mr. Manas Pati, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. A.P.Das, A.S.C.
Mr.S.K.Patra, Standing Counsel
for A.G.Odisha
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 31.01.2024
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 Opposite Parties. Perused the writ petition as well as
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 graciously be pleased to direct the Opp. Party no.1
to comply to the objection raised by A.G. (A&E), Odisha
vide letter dt. 31.01.2023 under Annexure-3 and furnish the
implementation order of the Administration Deptt. in
conformity to Finance Department letter No.19420 dated
1.7.2020 under Annexure-8 for allowing higher grade pay
of Rs.4200/- to the petitioner under RACP and resubmit 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
// 2 //
august deem fit and proper."
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 27.06.2016 (State of Odisha
and another vrs. Bihari Lal and others), which was arising out of an
order dated 12.03.2015 passed 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 held that the
applicants are eligible to get financial upgradation in the posts of
GPEO/PA, ABDO/SDPO and DPO 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. 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 State of Odisha vrs. Biharilal
Barik decided by this Court in W.P.(C) No.20358 of 2017 decided on
23.08.2017.
6. Considering the limited nature of prayer of the Petitioner, this
Court deems it proper to dispose of writ petition 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 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 the Opposite Party No.1 in the light of
the judgment in the case of State of Odisha -vrs.- Biharilal Barik
decided by this Court in W.P.(C) No.20358 of 2017 on 23.08.2017. Let
the entire exercise be carried out within a period of two months from
// 3 //
the date of production of certified copy of this order.
7. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
RKS
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 03-Feb-2024 17:04:04
