Sukanta Keshari Das vs State Of Orissa & Ors. .... Opposite ...
2025 Latest Caselaw 2313 Ori

Orissa High Court

Sukanta Keshari Das vs State Of Orissa & Ors. .... Opposite ... on 10 January, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                   W.P.(C) No.989 of 2025

                                  Sukanta Keshari Das          ....             Petitioner(s)
                                                                        Mr. Manas Pati, Adv.
                                                           -versus-
                                  State of Orissa & Ors.        ....         Opposite Party(s)
                                                                           Mr. Sanjay Rath, AGA
                                                                      Mr. Sudhir Kumar Patra, SC

                                             CORAM:
                                             DR. JUSTICE S.K. PANIGRAHI

                   Order                            ORDER
                   No.                             10.01.2025

02. 1. This matter is taken up through 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

Bench of this Court in W.P.(C) No.2831 of 2016 disposed of

on 27th June, 2016 in the case of Sate 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

Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa financial upgradation on completion of 10, 20 & 30 years of Date: 10-Jan-2025 17:46:17 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.05.11.2018 under Annexure-3 and furnish the implementation order of the Administrative Deptt. In conformity to Finance Department letter No.19420 dated 1.7.2020 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 for pension.

And pass such order/ direction 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) and pass a lawful order in this matter 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.

Signed by: AYASKANTA JENA                                                         Judge
Designation: Personal Assistant
 Ayaskanta
Reason:   Authentication
Location: High Court of Orissa
Date: 10-Jan-2025 17:46:17