Orissa High Court
Sibaram Ra vs ) State Of Odisha ..... Opposite Parties on 28 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.1011 of 2025
Sibaram Ra ..... Petitioner
Represented By Adv. -
Laxmikanta Mohanty
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Chief Conservator Of Represented By Adv. -
Ofrest. Bbsr Mr. U.C.Jena, A.S.C.
3) Conservator Of Ofrest, Cuttack
4) Silciculturist, Office Of Silviculture
Div., Rayagada
5) Accountant General, Bbsr
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 28.01.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
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
Annexure-7 and consequential order passed by the D.F.O.
Kalahandi North Division vide order dated 23.07.2024 under
Annexure -8 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 -7 and accordingly revise his pay under
ORSP Rule 2017 w.e.f. 1.1.2016 and release all arrears till his
superannuation dated 01.06.2020.
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. 01.06.2020 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-9. 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-9 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-9 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-9 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.
( A.K. Mohapatra)
Judge
Rubi
Reason: Authentication Page 3 of 3.
Location: High Court of Orissa, Cuttack
Date: 29-Jan-2025 15:27:19
