Adwait Charan Samal vs ) State Of Odisha ..... Opposite Parties
2024 Latest Caselaw 8699 Ori

Orissa High Court

Adwait Charan Samal vs ) State Of Odisha ..... Opposite Parties on 8 May, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                       WP(C) No.11229 of 2024
      Adwait Charan Samal           .....     Petitioner
                                                          Represented By Adv. -
                                                          Anil Kumar Das

                                         -versus-
      1) State Of Odisha                     .....             Opposite Parties
      2) Principal Secy To Govt.,                    Represented By Adv. -
      Finance Dept., Bbsr
      3) Principal Secy To Govt., Law                Mr.D.Mohapatra,ASC
      Dept., Bbsr                                    Mr.S.K.Patra, Standing
      4) Director, Panchayati Raj And                Counsel for A.G.Odisha.
      Drinking Water
      5) Collector, Dhenkanal
      6) Block Development Officer
      7) Principal A.g(a And E) , Bbsr
                               CORAM:
                 THE HON'BLE MR. JUSTICE ADITYA KUMAR
                             MOHAPATRA

                                           ORDER

Order No.                                 08.05.2024

   01.      1.      This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).

2. Heard Mr. A.K. Das, learned counsel appearing for the petitioner as well as Mr. A.P. Das, learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ application has been filed by the Petitioner with the following prayer:-

"It is, therefore, prayed that your lordships may be pleased to direct the State/O.P.No.1 to furnish the implementation order of Administrative

Department for allowing Grade Pay Rs.4200/- in 1st RACP in favour of the Petitioner w.e.f. 09.11.2015 by name in conformity to Finance Department Letter No.19420 dated 01.07.2020 which is granted in the light of the principle decided in Bihari Lal case and resubmit the pension papers along with compliance report to the A.G. (A&E) Odisha in responds to A.G. (A&E) Odisha letter under Annexure-7 for finalisation of pension in favour of the Petitioner.

And pass other order/orders as deemed fit and proper in the ends of justice."

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 the Petitioner has approached this Court by filing the present writ application. It is further contended that due to the inaction of the Opposite Parties, the Petitioner is deprived of him the pensionary benefits along with the grade pay which is entitled to of division 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 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 SLP Diary No.20358 of 2017 decided on 23.08.2017.

6. Considering 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 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 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 SLP Diary No.20358 of 2017 on 23.08.2017. The Competent Authority is directed to complete the entire exercise within a period of two months from the date of communication of this order.

Urgent certified copy of this order be granted on proper application.

(A.K. Mohapatra) Judge RKS

Location: High Court of Orissa Date: 09-May-2024 17:58:52