Sunil Kumar Panda vs State Of Odisha & Ors. ..... Opposite ...
2024 Latest Caselaw 16637 Ori

Orissa High Court

Sunil Kumar Panda vs State Of Odisha & Ors. ..... Opposite ... on 13 November, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

      IN THE HIGH COURT OF ORISSA AT CUTTACK
                  WP(C) No. 23064 of 2022
Sunil Kumar Panda             .....       Petitioner
                                                        Mr. L.K. Mohanty, Advocate
                                  -versus-
State of Odisha & Ors.               .....                Opposite Parties
                                                         Mr. C.M. Singh, ASC


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

13.11.2024

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

"It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opp. parties calling upon them to file show cause as to why a direction shall not be issued to release grade pay Rs.4200/- as 2nd RACP benefit as per Finance Department Resolution dated 6.2.2013 under Annexure-4 with effect from 1.1.2018, taking into consideration regarding release of GIA in favour of the petitioner with effect from 1.1.2018 and after hearing the parties be pleased to direct the opposite parties to release Grade Pay of Rs.4200/- in favour of the petitioner with effect from 1.1.2018, taking into consideration the judgment passed by this Hon'ble Court in between Ritanjali Giri Versus State of Orissa and others reported in 2016 (I) ILR 1162 and Radharani Samal Versus State of Orissa and Others reported in 2017 (1) ILR Cut-546.

A further direction be issued to the opp. parties to release the arrears of the petitioner with effect from 1.1.2018 to till date as due and admissible;

And pass such other order/orders granting complete relief to the petitioner;

And for this act of kindness, the petitioner as in duty bound, shall remain ever grateful."

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 3 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 3 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. It is further observed that while considering the claim, relevancy and effect of the Judgment passed in the case of Baijayanti Nayak Vs. State of Odisha & Ors. (W.P.(C) No. 34453 of 2021 & batch). The order so passed by Opp. Party No. 3 be communicated to the Petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Nov-2024 17:09:54