Hariram Nayak vs State Of Orissa & Ors. .......... ...
2025 Latest Caselaw 2067 Ori

Orissa High Court

Hariram Nayak vs State Of Orissa & Ors. .......... ... on 3 January, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                W.P.(C) No. 33003 of 2024
                             Hariram Nayak                            ........   Petitioner(s)
                                                                         Mr. Manas Pati, Adv.
                                                  -Versus-
                             State of Orissa & Ors.             .......... Opposite Parties
                                                                    Mr. Saswat Dash, AGA
                                                                      Mr. S.K. Patra, Adv.
                                                                                 for O.P.3
                                         CORAM:
                                         DR. JUSTICE S.K. PANIGRAHI
                                                    ORDER

03.01.2025 Order No.

01. 1. This matter is taken up through a hybrid arrangement.

2. Heard learned counsel for the Parties.

3. Perused the Writ Petition as well as documents annexed

thereto.

4. Learned counsel for the Petitioner states that similar question

had come up for consideration before a Division of this Court in

W.P.(C) No.2831 of 2016 disposed of on 27th June, 2016 in the

case of State of Odisha and Anr. Vrs. Biharilal and Ors. The

said matter arose out of an order dated 12th March, 2015 passed

by the learned State Administrative Tribunal in O.A. No.520 of

2024.

5. He further contends that the said order was quashed by the

order dated 21st December, 2013 thereby allowing the financial Date: 03-Jan-2025 18:52:49

upgradation 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 above

noted judgment.

6. The prayer made in this Writ Petition is extracted herein

below:-

"The Petitioner therefore prays that your lordships would graciously be pleased to direct the Opp. Party no.1 to comply the order vide letter dt.13.08.2024 under Annexure-3 and furnish the implementation order of the Administrative Deptt. In conformity to Finance Department letter No.19420 dated 1.07.2020 under Annexure-8 for allowing higher grade pay of Rs.4600/- to the petitioner under RACP and submit the pension papers of the petitioner to A.G. (A & E), Odisha for finalization of pension.

And pass such order/directions as this Hon'ble Court August deem fit and proper."

7. Considering the grievance of the Petitioner, this Court directs

the Principal Secretary to the Government, Panchayati Raj &

Drinking Water Department, Odisha/ Opposite Party No.1 to

consider the case of the Petitioner taking into account the

decision in the case of Biharilal (supra) within a period of two

months from the date of presentation of an authenticated copy

of this order. The decision so taken shall be communicated to

the Petitioner within a week thereafter.

8. This Writ Petition is, accordingly, disposed of.

( Dr. S.K. Panigrahi) Judge Murmu