Premananda Piri vs State Of Odisha And
2024 Latest Caselaw 472 Ori

Orissa High Court

Premananda Piri vs State Of Odisha And on 9 January, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

         IN THE HIGH COURT OF ORISSA AT CUTTACK

                       W.P.(C) No.42269 of 2023

       Premananda Piri
                                          ....                    Petitioner
                                                Mr. S.B. Mohanty, Advocate
                                      -versus-
       State of Odisha and
       Others                             ....              Opposite Parties
                                                      Mr. B.P. Tripathy, AGA

                            CORAM:
             JUSTICE BIRAJA PRASANNA SATAPATHY
                               ORDER

Order No.                    09.01.2024
      01. 1.   This matter is taken up through                        Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard Mr. N. Biswal, learned counsel for Petitioner, Mr. Sangram Jena, learned Standing Counsel appearing for the School & Mass Education Department and Mr. S.K. Patra, learned counsel for the Accountant General.

3. The present Writ Petition has been filed with the following prayer:-

"i) To admit this Writ Application.

(ii) To quash Clause-4 of the Finance Department Resolution dtd.06.02.2013.

(iii) To direct the Opposite Parties for sanction of (RACP) benefits with effect from 01.01.2006 under ORSP 2008 and consequential Revision of pay and pension in view of similar order of this Hon'ble Court in W.P.(C) NO.4955/2023, WPC(OA) No.2724/2015 and Judgment of the Hon'ble Supreme Court dtd.08.12.2017 rendered in Civil Appeal Diary No.3744/2016 and arrear pay and pension be sanctioned within a time frame".

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4. It is submitted that the claim involved in the present case is covered by the decision of the Hon'ble Apex Court passed in Civil Appeal Diary No.3744 of 2016 and similar order be passed in the present Writ Petition.

5. Considering such submission, the Petitioner is permitted to move a fresh application claiming extension of the benefit as prayed for in the present writ petition within a period of three weeks from today before Opposite Party No.1.

6. It is observed that if such an application is filed within the aforesaid period, the said Opposite Party No.1 while taking a decision on the claim of the Petitioner shall take into consideration the decision of the Hon'ble Apex Court as indicated hereinabove. The entire exercise shall be completed within a period of three months from the date of receipt of such representation. The order passed by the authority be also communicated within that time. It is observed that if ultimately it is found that the Petitioner is eligible to get the benefit, then the said Opposite Party shall also take step to extend the benefits as due and admissible within a further period of three (3) months.

7. With the aforesaid observations and directions, the writ petition stands disposed of.

Judge

Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jan-2024 13:10:08 Subrat