Orissa High Court
Sasanka Sekhar Nayak vs ) State Of Odisha ..... Opposite Parties on 15 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10113 of 2025
Sasanka Sekhar Nayak ..... Petitioner
Represented By Adv. -
Deepankar Panigrahy
-versus-
1) State Of Odisha ..... Opposite Parties
2) State Of Odisha Represented By Adv. -
3) Collector Cum Dist.magistrate Mr.U.C.Behura, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 15.04.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. Panigrahi, learned counsel for the
Petitioner and Mr. U.C.Behura, learned Additional Government
Advocate appearing for the State-Opposite Parties.
3. The Petitioner has filed this application to grant the
benefit of financial up-gradation under RACP Scheme to
Grade Pay of Rs.5400/- with effect from 23.07.2016 the date
of eligibility of getting 3rd RACP in the light of the judgment of
this Court in the case of State of Odisha vs. Biharilal Barik
decided by this Court in W.P.(C) No.2831/2016, disposed
of on 27.06.2016 and similar matter in W.P.(C) No.14528 of
2019 disposed of on 19.8.2019 and further seeks for a
direction to Opposite Parties to pay all consequential financial
benefits.
4. Mr. Panigrahi, 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 27.06.2016 State of
Odisha vs. Biharilal Barik, which was arising out of an order
dated 12.03.2015 passed by the State Administrative Tribunal
in O.A. No. 520 of 2014 and this Court quashed the order
dated 21.12.2013 (wrongly mentioned as 21.12.2012 in the
judgment) and held that the applicants are eligible to get
financial upgradation in the posts of GPEO/PA, ABDO/SDPO
and DPO on completion of10/20/30 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 said
judgment.
5. Mr. Behura, learned Additional Government Advocate
states that if the Division Bench of this Court has resolved the
issue, then the Petitioner may approach the authority
concerned ventilating his grievance.
6. Considering the contention raised by learned counsel
for the parties and after going through the records, this
Court grants liberty to the Petitioner to approach the
authority concerned by filing representation bringing to the
notice of the authority the judgment in Biharilal Barik
(supra),to which the authority shall apply his mind and pass
appropriate order within a period of four months from the
date of communication of this order. While considering the
grievance of the petitioner, the order dated 19.02.2021 in
Annexure-4 as well as the Resolution of the Finance
Department, Government of Odisha dated 13.02.2025 shall be
taken into consideration.
7. With the above observation and direction, the writ
petition stands disposed of.
( A.K. Mohapatra)
Judge
RKS
Designation: AR-CUM-Senior Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 16-Apr-2025 17:18:20
