Sridhar Bhatra vs State Of Odisha And Others .... Opp. ...
2025 Latest Caselaw 2331 Ori

Orissa High Court

Sridhar Bhatra vs State Of Odisha And Others .... Opp. ... on 10 January, 2025

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No. 33155 of 2024
                 Sridhar Bhatra                   ....          Petitioner
                                             Mr. D. Panigrahy, Advocate
                                         -versus-
                 State of Odisha and 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 Petitioners and the
            State.

2. Heard learned counsel for the parties.

3. The Petitioner has filed this application to grant the benefit of financial up-gradation under RACP Scheme to Grade Pay of Rs. 5400/- with effect from 23.07.2020 the date of eligibility of getting 3rd RACP in the light of the judgment of this Court in the case of State of Odisha and another Vrs. Bihari Lai and others (W.P.(C) No.2831 of 2016 disposed of on 27.6.2016) and similar matter in W.P.(C) No.14528 of 2019 disposed of on 19.8.2019 and further seeks for a direction to Opposite Parties to pay all consequential financial benefits.

4. Mr. Panigrahi, 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 v. Bihari Lai 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. Mr. D. Nayak, learned Additional Government Advocate states that if the Division Bench of this Court has resolved the issue, then the Petitioner may approach the authority concerned ventilating his grievance.

6. Considering the contention raised by the learned counsel for the parties and after going through the records, this Court grants liberty to the Petitioner to approach the authority concerned by filing representation

bringing the notice of the authority the judgment in Bihari Lal (supra), to which the authority shall apply his mind and pass appropriate order within a period of four months from the date of communication of this order. While considering the grievance of the Petitioner, the order dated 19.02.2021 in Annexure-4 will be taken into consideration.

7. With the above observation and direction, the Writ Petition is disposed of.

(Chittaranjan Dash) Judge

AKPradhan

Signed by: ANANTA KUMAR PRADHAN

Location: HIGH COURT OF ORISSA Date: 13-Jan-2025 11:32:53