Gupteswar Patnaik vs State Of Odisha & Others .... Opp. ...
2025 Latest Caselaw 2818 Ori

Orissa High Court

Gupteswar Patnaik vs State Of Odisha & Others .... Opp. ... on 21 January, 2025

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No. 1536 of 2025

                 Gupteswar Patnaik                      ....               Petitioner
                                                             Mr. P.C. Dash, Advocate
                                             -versus-
                State of Odisha & Others                ....           Opp. Parties
                                                                Mr. P.K. Sahoo, ASC

                          CORAM:
                          JUSTICE CHITTARANJAN DASH

                                           ORDER

Order No. 21.01.2025

01. 1. Heard Mr. P.C. Dash, learned counsel for the Petitioner and Mr. P.K. Sahoo, learned Addl. Standing Counsel for the State.

2. The Petitioner has filed this writ petition for a direction to grant the benefit of financial up-gradation under RACP Scheme to Grade Pay of Rs.5400/- with effect from 14.07.2016, 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 vs. Bihari Lal and others (WP (C) No.2831 of 2016 disposed of on 27.06.2016) and similar matter in W.P.(C) No.14528 of 2019 disposed of on 19.08.2019, and further seeks for a direction to the Opposite Parties to pay all the consequential financial benefits to the Petitioner.

3. Mr. Dash, learned counsel for the Petitioner submits 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 vs. Bihari Lal and others) which was arising out of an order dated 12.03.2015 passed by the State

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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, BADO/SDPO and DPO on completion of 10/20/30 years of service in the post of VLW under the RACP scheme. Therefore, the present petitioner's case may be considered in the light of the said judgment.

5. Mr. Sahoo, learned Addl. Standing Counsel submits that if the Division Bench of this Court has resolved the issue, then the Petitioner may approach the concerned authority ventilating his grievance.

6. Considering the contentions raised by the learned counsel for the parties and after going through the materials on record, this Court grants liberty to the Petitioner to approach the authority concerned by filing a representation bringing the notice of the authority the judgment in Bihari Lal (supra), to which the authority concerned shall apply his mind and pass appropriate order within a period of three months from the date of communication of this order.

7. With the above observation and direction, the writ petition stands disposed of.

(Chittaranjan Dash) Judge S.K. Parida

Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY

Location: ORISSA HIGH COURT, CUTTACK Date: 22-Jan-2025 17:58:34