Orissa High Court
Sri Rabindra Nath Kumbhakar vs State Of Orissa And Others ..... ... on 27 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2281 of 2025
Sri Rabindra Nath Kumbhakar ..... Petitioner
Represented By Adv. -
Manas Pati
-versus-
State Of Orissa and others ..... Opposite Parties
Mr. M.R. Patra, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
27.01.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ petition as
well as documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the
following prayers:-
"The petitioner therefore prays that your
lordships would graciously be plead to direct the
Opp. Party No.1 to comply to the objection raised
by A.G. (A&E), Odisha vide letter dt.17.10.2024
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 resubmit 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."
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 27.06.2016 (State of
Odisha and another vrs. Bihari Lal 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. It is also submitted by the learned counsel for the Petitioner
that the Opposite Parties be directed to consider the case of the
Petitioner as per the settled law decided in the case of State of
Odisha vrs. Biharilal Barik decided by this Court in W.P.(C)
No.20358 of 2017 decided on 23.08.2017.
6. Considering the limited nature of prayer of the Petitioner, this
Court deems it proper to dispose of writ petition by directing the
Principal Secretary to Government, Panchayati Raj & D.W.
Department, Odisha, Bhubaneswar (Opposite Party No.1) to consider
the case of the petitioner within a period of two months from the date
of receipt of certified copy of this order. The decision so taken shall
be communicated to the Petitioner within a period of two weeks from
the date of taking such decision. It is further directed that the case of
the Petitioner shall be considered by the Opposite Party No.1 in the
light of the judgment in the case of State of Odisha -vrs.- Biharilal
Barik decided by this Court in W.P.(C) No.20358 of 2017 on
23.08.2017. Let the entire exercise be carried out within a period of
two months from the date of production of certified copy of this
order.
7. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra)
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack Page 3 of 3.
