State Of Odisha And Others vs Dillip Kumar Padhan .... Opp. Party
2024 Latest Caselaw 15751 Ori

Orissa High Court

State Of Odisha And Others vs Dillip Kumar Padhan .... Opp. Party on 21 October, 2024

Bench: S.K. Sahoo, Chittaranjan Dash

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P.(C) No. 25761 of 2024

             State of Odisha and others           ....        Petitioners

                                  Mr. R.N. Mishra, Advocate
                                  Addl. Govt. Advocate

                                -versus-
             Dillip Kumar Padhan         ....                 Opp. Party


                                 CORAM:
                            JUSTICE S.K. SAHOO
                      JUSTICE CHITTARANJAN DASH
                                ORDER

Order No. 21.10.2024

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Mr. S.K. Mishra, learned Additional Government Advocate for the petitioners.

The petitioners-State Authorities have filed this writ petition challenging the impugned order dated 11.12.2018 passed by the learned Odisha Administrative Tribunal, Bhubaneswar in O.A. No. 2847 of 2018 in allowing the Original Application filed by the opposite party and directing the petitioners to pay the opposite party Grade Pay of Rs.2,400/- towards first R.A.C.Ps. with effect from 01.01.2023, Grade Pay of Rs.4,600/- with corresponding Pay Band-2 towards second R.A.C.Ps. with effect from 01.01.2013 and to revise his pay as per resolution dated 06.02.2013 and to pay him accrued arrears.

The ground that has been taken by the petitioners in this writ petition is that the impugned order was passed by the learned Tribunal without affording any opportunity to the petitioners and disposing of the Original Application at the stage of admission.

On perusal of the impugned order, we find that the learned Standing Counsel was given opportunity of hearing and thereafter, the learned Tribunal after taking into account the ratio decided in O.A. No. 520 of 2014 with batch and the judgment of this Court in W.P.(C) No.2831 of 2016 in O.A. No.65 of 2016 and batch and in O.A. No.41 of 2019 filed by identically placed Forester/Deputy Forest Rangers as the opposite party had completed more than twenty years of service by 01.01.2013 in the same entry grade post i.e. Forester, allowed the Original Application. If in fact, learned Standing Counsel was not heard but the impugned order reflected so, then it was open to the learned Standing Counsel to file an appropriate application to bring it to the notice of the Presiding Officer while the matter was still fresh to his mind that he was not heard and it was wrongly reflected in the impugned order that he was heard, but the same has not been done.

Learned counsel for the petitioners submits that the order passed by this Court is under challenge before the Hon'ble Supreme Court.

Be that as it may, since opportunity of hearing has been provided to the petitioners and thereafter, the impugned order has been passed way back in the year 2018 and in the meantime, six years have elapsed and

there is no illegality or impropriety in the said order, we are not inclined to interfere with the same.

Accordingly, the writ petition being devoid of merits stands dismissed.

                                                                 ( S.K. Sahoo)
                                                                     Judge



                                                             (Chittaranjan Dash)
          PKSahoo                                                 Judge








Location: HIGH COURT OF ORISSA