Orissa High Court
Bharat Kumar Naik vs State Of Odisha & Others .... Opp. ... on 8 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1443 of 2025
Bharat Kumar Naik .... Petitioner
Mr. P.K. Sahoo, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. S. Jena, ASC
CORAM:
HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order ORDER
No. 08.04.2025
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the petitioner as well
learned counsel for the State. Perused the writ
application and documents annexed thereto.
3. The present writ application has been filed with
the following prayer:
"i. Issue appropriate writ/writs holding that the
order NO.53 dated 29.02.2016 under Annexure-4
allowing Grade Pay of Rs.2800/- as 3rd Financial
upgradation and office order No.290 dated
24.10.2024 under Annexure-8 allowing the pay
level-8 w.e.f. 29.11.2022 to the petitioner as illegal,
arbitrary, discriminatory and violative of Article 14
& 16 of the Constitution of India and quash the
amit same.
ii. Issue appropriate writ/writs directing the
opposite paties to allow grade pay of Rs.4600/-
towards 3rd Financial upgradation on completion of
30 years of service i.e. with effect from 22.09.2014
with arrear dues.
iii. The Hon'ble Court further be pleased to pass
such other appropriate direction/directions or
order/orders as would be deem fit and proper in
favour of the petitioner in the interest of justice."
4. Learned counsel for the petitioner at the outset
contended that the petitioner was initially appointed as
a Forest Guard on ad hoc basis on 02.02.1984.
Thereafter, the petitioner on being selected through a
regular selection process, was allowed to continue as
such on 22.09.1984. In the year 2009, the petitioner
on being recommended by the DPC was promoted to
the post of Forester vide order dated 12.02.2009 under
Annexure-2 to the writ application.
5. While the matter stood thus, on 06.02.2013, the
RACP Scheme was introduced by virtue of the
Resolution of the Finance Department. Learned
counsel for the petitioner further contended that the
resolution dated 06.02.2013 of the Finance
Department is applicable to the petitioner.
Accordingly, the petitioner was initially allowed Grade
Pay of Rs.2800/- with effect from 22.09.1984 by virtue
of order dated 29.02.2016, on completion of 30 years of
service.
6. Being aggrieved by the quantum of scale of Grade
Pay, the petitioner approached the authority by
claiming Grade Pay of Rs.4600/- in terms of the
Resolution dated 06.02.2013. While working as such,
2
the petitioner has retired from Government service with
effect from 31.05.2024, on attaining the age of
superannuation. Since the petitioner was not extended
with the appropriate Grade Pay, he has submitted a
representation on 22.09.2021 claiming Grade Pay of
Rs.4600/- towards 3rd RACP on completion of 30 years
of service. Reminder of the representation was also
given on 17.02.2022.
7. Since no decision was taken by the opposite
parties, the petitioner earlier approached this Court by
filing W.P.(C) No.38894 of 2023. The said writ
application was disposed of vide order dated
04.12.2023
granting liberty to the petitioner to
approach the opposite parties by filing a detailed
representation with a direction to the opposite parties
to consider the same in accordance with law within a
stipulated time period.
8. In obedience to the order dated 04.12.2023, the
representation of the petitioner under Annexure-7 was
considered and the petitioner was allowed pay level-8
instead of Grade Pay of Rs.4600/- with effect from
22.09.1984. Being aggrieved by the inaction of the
opposite parties, the petitioner has filed the present
writ application.
9. Learned counsel for the petitioner referring to the
judgment of this Court in the case of Ramesh Chandra
Deo vrs. State of Odisha and others passed in
W.P.(C) No.933 of 2021 along with batch of similar
cases, which were disposed of by a common judgment
dated 27.04.2023, contended that the ratio laid down
in the said cases can very well be applied to the facts of
the present case. He further contended that the case of
the petitioner is also covered by the latest Resolution of
the Finance Department dated 13.02.2025. He further
contended that the opposite parties without taking into
consideration the aforesaid judgment of this Court as
well as the Resolution dated 13.02.2025, rejected the
prayer for the petitioner vide order dated 24.10.2024
under Annexure-8.
10. Learned counsel for the State, on the other hand,
contended that he has not obtained any instruction.
Therefore, he has not filed any counter affidavit.
However, taking into consideration the submission
made by learned counsel for the petitioner, the
judgment of this Court in the case of Ramesh Chandra
Deo (supra) as well as the Resolution dated
13.02.2025, if this Court directs the opposite party to
reconsider the prayer of the petitioner in accordance
with law within a stipulated time period, he will have
no objection to the same.
11. Having heard learned counsel for the parties,
considering the submissions made, the factual
background of the case and taking into consideration
the judgment of this Court in the case of Ramesh
Chandra Deo (supra) and the Resolution of the
Finance Department dated 13.02.2025, this Court
thinks it proper to remand the matter to the opposite
party no.3 to consider the whole issue again in the
light of the judgment of this Court in the case of
Ramesh Chandra Deo (supra) as well as the
Resolution of the Finance Department dated
13.02.2025 and reconsider the grievance of the
petitioner within a period of eight weeks by passing a
speaking order. The opposite party no.3 while
reconsidering the case of the petitioner shall not be
influenced by his earlier order under Annexure-8. The
final decision so taken be communicated to the
petitioner within a period of ten days thereafter.
12. With the aforesaid observation and direction, the
writ application is disposed of.
(Aditya Kumar Mohapatra)
Judge
Location: HIGH COURT OF ORISSA, CUTTACK
