Ramesh Chandra Swain vs State Of Odisha & Ors. .... Opposite ...
2024 Latest Caselaw 16504 Ori

Citation : 2024 Latest Caselaw 16504 Ori
Judgement Date : 11 November, 2024

Orissa High Court

Ramesh Chandra Swain vs State Of Odisha & Ors. .... Opposite ... on 11 November, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.26192 of 2024

        Ramesh Chandra Swain                   ....          Petitioner
                                                  Represented By Adv.
                                             Mr. Rudra Narayan Parija
                                  -versus-
        State of Odisha & Ors.                ....      Opposite Parties
                                                    Represented By ASC
                                                      Mr. Sonak Mishra
                 CORAM:
                 DR. JUSTICE S.K. PANIGRAHI

                                  ORDER

Order                            11.11.2024
No.

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

2. Heard learned counsel for the Parties.

3. Perused the Writ Petition as well as documents

annexed thereto.

4. Learned counsel for the Petitioner states that similar

question had come up for consideration before a Division

of this Court in W.P.(C) No.2831 of 2016 disposed of on

27th June, 2016 in the case of State of Odisha and Anr.

Vrs. Biharilal and Ors. The said matter arose out of an

order dated 12th March, 2015 passed by the learned State

Administrative Tribunal in O.A. No.520 of 2024.

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5. He further contends that the said order was quashed

by the order dated 21st December, 2013 thereby allowing

the financial upgradation 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 above noted judgment.

6. The prayer made in this Writ Petition is extracted

hereinbelow:-

"The petitioner, therefore, prays that Your Lordship would be graciously pleased to admit the case call for the records and after hearing the parties allow the same, issue writ in nature of mandamus/certiorari and/or any other/further writ/direction directing the Opp. Parties to grant pensionary benefits to the extend allowing Grade pay of Rs. 5400/- instead of Rs. 4800/- w.e.f 30.09.2015. revise the pension accordingly and be further pleased to direct differential arrear financial benefit on such modified Grade pay be paid to the petitioner taking in to consideration the Biharilal Barik case and the same relief granted to the similarly situated person under Annexure-8 within a stipulated period. And for this act of kindness, the petitioners shall as in duty bound ever pray."

7. Considering the grievance of the Petitioner, this Court

directs the Principal Secretary to the Government,

Panchayati Raj & Drinking Water Department, Odisha/

Opposite Party No.1 to consider the case of the Petitioner

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taking into account the decision in the case of Biharilal

(supra) within a period of two months from the date of

presentation of an authenticated copy of this order. The

decision so taken shall be communicated to the Petitioner

within a week thereafter.

8. This Writ Petition is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge Sumitra