Citation : 2025 Latest Caselaw 4085 Ori
Judgement Date : 17 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.804 of 2025
Jogesh Chandra Patra ..... Petitioner
Represented By Adv. -
Mr. Akshaya Kumar Sahoo
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. M.R. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
17.02.2025 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the following prayers:-
"Therefore, under the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to admit this writ application, issue rule "NISI" calling upon the opp. parties to show cause and after hearing the parties be pleased to direct the opp. Parties to extend the
benefits of Revised Assured Carrier Progression (RACP) on completion of 10, 20 and 30 years of services on the post Chainman and the consequential benefit of differential Arrear salary in conformity with the principle of Biharilal Bairk Case settled in W.P.(C)No.2831 of 2016, Judgment dt.27.6.2016; And to Revise the pension and to release the differentia! pension and Gratuity within a stipulated period in the interest of justice;
And may further be pleased to pass such other/ further writ/writs direction/ directions, order/orders as deem fit & proper in the facts & circumstances of this case for the interest of justice and equity."
4. Learned counsel for the State, on instruction, submitted that recently the Finance Department, Government of Odisha has taken a resolution vide Resolution No.5073 dated 13.02.2025 and they have come up with a new scheme of Revised Assured Career Progression Scheme for State Government employees effective under the ORSP Rules, 2008. He further contended that the case of the Petitioner is required to be considered under the new scheme notified vide Resolution dated 13.02.2025.
5. Taking into consideration the aforesaid submission, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Petitioner to approach the Opposite Party No.4 by filing a
representation along with a copy of this order within two weeks from today. In such event the Opposite Party No.4 shall do well to consider and dispose of the representation of the Petitioner in the light of the Resolution dated 13.02.2025 of the Finance Department of Government of Odisha, within a period of eight weeks in accordance with law by passing a speaking and reasoned order. The final decision so taken on such representation be communicated to the Petitioner within two weeks thereafter.
6. With the aforesaid observation and direction, the writ petition is disposed of.
( A.K. Mohapatra ) Judge Debasis
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