Sri Chintamani Sahoo vs State Of Odisha & Ors. .... Opposite ...
2024 Latest Caselaw 16722 Ori

Orissa High Court

Sri Chintamani Sahoo vs State Of Odisha & Ors. .... Opposite ... on 14 November, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.26891 of 2024

        Sri Chintamani Sahoo                   ....            Petitioner
                                                    Represented By Adv.
                                                        Mr. Manas Pati
                                  -versus-
        State of Odisha & Ors.                ....     Opposite Parties
                                                   Represented By AGA
                                                       Mr. Saswat Das

                 CORAM:
                 DR. JUSTICE S.K. PANIGRAHI

                                  ORDER

Order                            14.11.2024
No.

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

2. Heard learned counsels for the Parties.

3. 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 27th June, 2016 in the case of State of Odisha and

Anr. Vrs. Bihari Lal 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 2014.

4. 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 and 30

// 2 //

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.

5. The prayer made in the Writ Petition is extracted

hereinbelow:-

"The Petitioner therefore prays that your lordships would graciously be pleased to direct the Opp. Party no.1 to comply to the objection raised by A.G. (A&E), Odisha vide letter dt.07.10.2024 under Annexure-3 and furnish the implementation order of the Administrative Deptt.in conformity to Finance Department letter No.19420 dated 1.7.2020 under Annexure-8 for allowing higher grade pay of Rs.4600/- to the petitioner under RACP and resubmit the pension papers of the petitioner to A.G.(A&E), Odisha for finalization of pension.

And pass such order/ directions as this Hon'ble Court August deem fit and proper.

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

6. Considering the grievance of the petitioner, this Court

directs the Principal Secretary to the Government,

Panchayati Raj and Drinking Water Department,

Odisha/Opposite Party No.1 to consider the case of the

Petitioner 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

// 3 //

order. The decision so taken shall be communicated to

the Petitioner within a week thereafter.

7. The Writ Petition is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge Sumitra

Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack Date: 19-Nov-2024 17:50:32