Kirty Chandra Bag vs State Of Odisha & Ors. .......... ...
2024 Latest Caselaw 16425 Ori

Citation : 2024 Latest Caselaw 16425 Ori
Judgement Date : 8 November, 2024

Orissa High Court

Kirty Chandra Bag vs State Of Odisha & Ors. .......... ... on 8 November, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                       W.P.(C) No. 25878 of 2024
                                 Kirty Chandra Bag                           ........   Petitioner(s)
                                                                                Mr. S.K. Dalai, Adv.
                                                          -Versus-
                                 State of Odisha & Ors.               .......... Opposite Parties
                                                                          Mr. Sanjay Rath, AGA

                                               CORAM:
                                               DR. JUSTICE S.K. PANIGRAHI
                                                          ORDER

08.11.2024 Order No.

01. 1. This matter is taken up through hybrid arrangement.

2. Heard Mr. Dalai, learned counsel for the Petitioner and Mr.

Sanjay Rath, learned Additional Government Advocate

appearing for the State-Opposites.

3. Learned counsel appearing for the Petitioner submitted that

the Petitioner, who is the son of the deceased Govt. employee,

has approached this Court challenging the inaction of the

Opposite Parties in granting the RACP as well as other benefits

as is due and admissible to her deceased husband. The

Petitioner has filed this application to grant the benefit of

Digitally Signed financial up-gradation under RACP Scheme to Grade Pay of

Designation: Personal Assistant Reason: Authentication Rs.5400/- with effect from 19.06.2014 the date of eligibility of Location: High Court of Orissa Cuttack Date: 08-Nov-2024 19:28:24

getting 3rd RACP in the light of the judgment of this Court in

the case of State of Odisha and another Vrs. Bihari Lal and

others (W.P.(C) No.2831 of 2016 disposed of on 27.6.2016) and

similar matter in W.P.(C) No.14528 of 2019 disposed of on

19.8.2019 and further seeks for a direction to Opposite Parties to

pay all consequential financial benefits.

4. Mr. Dalai, 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 v. 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. Mr. Sanjay Rath, learned Additional Government Advocate

states that if the Division Bench of this Court has resolved the

Signed by: LITARAM MURMU issue, then the Petitioner may approach the authority concerned Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 08-Nov-2024 19:28:24 ventilating his grievance.

6. Considering the contention raised by learned counsel for the

parties and after going through the records, this Court grants

liberty to the Petitioner to approach the authority concerned by

filing representation bringing the notice of the authority the

judgment in Bihari Lal (supra), to which the authority shall

apply his mind and pass appropriate order within a period of

four months from the date of communication of this order.

While considering the grievance of the petitioner, the order

dated 19.02.2021 in Annexure-3 will be taken into consideration.

7. With the above observation and direction, the writ petition

stands disposed of.

( Dr. S.K. Panigrahi) Judge Murmu