Rajendra Kumar Sahoo vs State Of Odisha & Others .... Opposite ...
2024 Latest Caselaw 10277 Ori

Orissa High Court

Rajendra Kumar Sahoo vs State Of Odisha & Others .... Opposite ... on 20 June, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P. (C) No. 13411 of 2024

            Rajendra Kumar Sahoo                   ....              Petitioner
                                        Mr. Manas Pati, Advocate & Associates

                                         -Versus-

            State of Odisha & others                 ....       Opposite Parties
                                                Mr. Sudhir Ku.Patra, SC for AG
                                                       Mr. N.K.Praharaj, AGA

                    CORAM:
                    MR. JUSTICE R.K. PATTANAIK


                                         ORDER

20.06.2024 Order No.

01. 1. Heard learned l counsel for the petitioner, State and Mr. Patra, learned Standing Counsel for opposite party No.3.

2. Instant writ peti petition is filed by the petitioner to direct the opposite parties to restore the Grade Pay of Rs. 6600/ 6600/- instead of Rs.5,400/- at the stage of 3rd financial up-gradation gradation w.e.f. 1st January, 2013 as it has been extended to employees of the Works Department as per Annexure Annexure-3.

3. Learned counsel for the petitioner would submit that grant of RACP under such circumstances was subject matter of this Court in W.P.(C) No.16209 of 2020 and in so far as the pre present case is concerned, the petitioner has identical prayer which should be allowed in the light of the judgment dated 1st March, 2023 passed therein.

4. Mr. Tripathy, learned AGA for the State would submit that since such a claim of parity is demanded in view of Annexure-3, Annexure if the Court is so inclined inclined, a direction may perhaps be issued to the concerned Authority to examine the case of the petitioner as per the Rules.

5. A copy of the order in W.P.(C) No. 12838 of 2024 decided on 21st May, 2024 is produced in Court and the same is perused. Since the petitioner has already superannuated in the meantime and having regard to the decision in W.P.(C) No.16209 of 2020 which is relied upon and in a similarly situated case in W.P.(C) No. 12838 of 2024, the matter has been disposed of with a direction to consider the grievance, the opposite party Nos. 1 & 4 is required to consider the case of the petitioner for grant of such Grade Pay w.e.f. 3rd January, 2013 till the date of retirement and thereafter, to release the differential salary and pension in his favour with an exercise concluded preferably within eight weeks from the date of receipt of a copy of this order and accordingly, it is ordered.

6. In the result, the writ petition stands disposed of with the direction as aforesaid.

aforesaid

7. A certified copy of the order be issued as per rules.

rules kabita

(R.K.Pattanaik)