Orissa High Court
Radharaman Sahu vs State Of Odisha & Others .... Opp. ... on 10 January, 2025
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C). No. 33094 of 2024
Radharaman Sahu .... Petitioner
Mr. L. Mohanty, Advocate
-versus-
State of Odisha & Others .... Opp. Parties
Mr. D. Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.01.2025
01. 1. Heard learned counsel for the Petitioner and the
State.
2. Heard learned counsel for the Petitioner as well
as learned counsel for the State.
3. The Petitioner has filed the present writ application
with the following prayer:
"(i) a direction shall not be issued to grant grade pay of
Rs.4600/- as 3rd RACP benefit in favour of the
petitioner." w.e.f. 1.1.2013 taking into consideration the
judgment of this Hon'ble Court rendered in between
State of Orissa and others Vrs Biharilal Barik and others
in W.P.(C) No.2831 of 2016 dated 27.6.2016 as well as
the order passed by this Hon'ble Court in W.P.(C) No.
12025 of 2024 dated 14.05.2024 under Anhexure-6 and
consequential order passed by the D.F.O. Kalahandi
North Division vide order dated 23.07.2024 under
Annexure -7 in favour of Dibakar Biswal retired
Forester
(ii) And after hearing the parties be pleased to direct the
opp. parties to extend the grade pay of Rs.4600/- as 3rd
RACP benefit in favour of the petitioner with effect
from 1.1.2013 taking into consideration the judgment of
this Hon'ble Court rendered in between State of Orissa
and others Vrs Biharilal Barik and others in W.P.(C)
No.2831 of 2016 dated 27.6.2016 and order dated
14.05.2024 passed in W.P.(C) No. 12025 of 2024 under
Annexure -6 and accordingly revise his pay under ORSP
Rule 2017 w.e.f. 1.1.2016 and release all arrears till his
superannuation dated 30.06.2016.
iii) The pension and pensionary benefits of the
petitioner be also revised accordingly after re-fixation of
his pay under ORSP Rule 2017 and all arrears of
pension and pensionary benefit w.e.f. 01.07.2016 within
a date to be fixed by this Hon'ble Court.
And pass any other order/orders, direction/directions as
this Hon'ble Court may deem fit and proper."
4. In course of hearing of the writ application, learned
counsel for the Petitioner submits that the Petitioner ventilating
his grievance has submitted representation before the
Silviculturist, Office of the Silviculture Division Rayagada,
Opposite Party No.4 under Annexure-8. It is also submitted
by the learned counsel for the Petitioner that the said
representation is pending as of now and a direction be issued to
the Opposite Party No.4 to consider the representation of the
Petitioner under Annexure-8 within a stipulated period of time.
5. Learned Additional Government Advocate submits that
he has no objection if the representation of the Petitioner is
considered by the Opposite Party No.4 which is stated to be
pending, in accordance with law within a stipulated period of
time.
6. Considering the limited nature of grievance of the
Petitioner, the writ application is disposed of at the stage of
admission with a direction to the Opposite Party No.4 to
consider the representation of the Petitioner under
Annexure-8 taking into consideration the
decision in the case of State of Odisha v. Biharilal Barik in
W.P.(C) No.2831 of 2016 disposed of on 27.06.2016, within a
period of eight weeks from the date of production of certified
copy of this order. The Opposite Party No.4 shall do well to
dispose of the representation of the Petitioner under Annexure-
8 by passing a speaking and reasoned order. The decision so
taken on the representation of the Petitioner be communicated
to the Petitioner within two weeks from the date of taking such
decision. It is made clear that this Court has not expressed any
opinion on merits of the Case.
7. With the aforesaid observation, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
(Chittaranjan Dash)
Judge
Bijay
Location: HIGH COURT OF ORISSA
