Pratap Kumar Mohini vs State Of Orissa & Ors. .... Opposite ...
2024 Latest Caselaw 16745 Ori

Orissa High Court

Pratap Kumar Mohini vs State Of Orissa & Ors. .... Opposite ... on 18 November, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                  W.P.(C) No.27296 of 2024
                                  Pratap Kumar Mohini             ....            Petitioner(s)
                                                                          Mr. Manas Pati, Adv.
                                                            -versus-
                                  State of Orissa & Ors.          ....       Opposite Party(s)
                                                                         Mr. Sanjay Rath, AGA
                                             CORAM:
                                             DR. JUSTICE S.K. PANIGRAHI

                   Order                            ORDER
                   No.                             18.11.2024
                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.

                                  5. He further contends that the said order was quashed by

                                  the order dated 21st December, 2013 thereby allowing the
Signature Not Verified
                 financial upgradation on completion of 10, 20 & 30 years of
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication            service in the post of VLW under the RACP Scheme.
Location: High Court of Orissa
Date: 18-Nov-2024 17:55:53




                                                                                      Page 1 of 2
                                   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 herein

                                  below:-
                                         "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.01.10.2024 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."

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

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.

Designation: Personal Assistant (Dr. S.K. Panigrahi) Reason: Authentication Location: High Court of Orissa Judge Date: 18-Nov-2024 17:55:53 Ayaskanta