Purna Chandra Mishra vs State Of Odisha & Ors. .... Opposite ...
2024 Latest Caselaw 16829 Ori

Citation : 2024 Latest Caselaw 16829 Ori
Judgement Date : 19 November, 2024

Orissa High Court

Purna Chandra Mishra vs State Of Odisha & Ors. .... Opposite ... on 19 November, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.27518 of 2024

        Purna Chandra Mishra                   ....            Petitioner
                                                    Represented By Adv.
                                                        Mr. Manas Pati
                                  -versus-
        State of Odisha & Ors.                ....     Opposite Parties
                                                   Represented By ASC
                                                   Mr. Anshuman Sethy
                 CORAM:
                 DR. JUSTICE S.K. PANIGRAHI

                                  ORDER

Order                            19.11.2024
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 2014.

// 2 //

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 lordships would graciously be pleased to direct the Opp. Party no.1 to comply the order vide letter dt.25.09.2018 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 submit 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."

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

// 3 //

(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