Orissa High Court
Dwarikanath Pradhan vs State Of Odisha And Others ..... ... on 18 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4759 of 2025
Dwarikanath Pradhan ..... Petitioner
Represented By Adv. -
Mr. Anil Kumar Das
-versus-
State Of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. Samresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
18.02.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel appearing 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:-
"It is, therefore, prayed that your Lordships may be
pleased to direct the State/O.P. No.1 to modify the wrong pay
fixation order on 3rd MACP dt. 4.12.2019 in respect of the
petitioner under Anx.3 and sanction & disburse financial
upgradation in 3rd RACP/MACP on completion of 30 years
of service in the post of VLW with promotional grade pay of
Dist. Panchayat Officer @ Rs.5400/- from 1.6.2016 in the
light of the principle decided in Bihari Lal case and refix the
pay of the petitioner in appropriate Cell & Level in the pay
matrix of ORSP Rules, 2017 with approval of Administrative
Dept. in conformity to Finance Deptt. circular dt. 1.7.2020
under Anx.7 and similar orders of Panchayati Raj and D.W.
Deptt. dt. 18.1.2023 under Anx.4 and accordingly, revise the
pension with all consequential financial benefits in favour of
the petitioner.
And pass any other order/orders as deemed fit and
proper in the ends of justice."
4. 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
and another vrs. Bihari Lal and others), 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 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
said judgment.
5. It is also submitted by the learned counsel for the Petitioner that
the Opposite Parties be directed to consider the case of the Petitioner as
per the settled law decided in the case of State of Odisha vrs. Biharilal
Barik decided by this Court in SLP No.20358 of 2017 decided on
23.08.2017.
6. Considering the submissions made, this Court disposes of the
writ petition at the stage of admission by directing the Principal
Secretary to Government, Panchayati Raj & D.W. Department, Odisha,
Bhubaneswar (Opposite Party No.1) to consider the case of the
petitioner within a period of two months from the date of receipt of
certified copy of this order. The decision so taken shall be
communicated to the Petitioner within a period of two weeks from the
date of such decision. The case of the Petitioner shall be considered by
the Opposite Party No.1 in the light of the judgment in the case of State
of Odisha-vrs.-Biharilal Barik decided by this Court in SLP No.20358
of 2017 on 23.08.2017 and the Resolution No.5073 dated 13.02.2025 of
the Finance Department, Government of Odisha. The Competent
Authority is directed to complete the entire exercise within a period of
two months from the date of communication of this order.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Debasis
