Rajkishore Tripathy vs State Of Odisha & Ors. .... Opposite ...
2025 Latest Caselaw 6247 Ori

Orissa High Court

Rajkishore Tripathy vs State Of Odisha & Ors. .... Opposite ... on 24 June, 2025

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.16582 of 2025

           Rajkishore Tripathy                  ....                     Petitioner
                                                                 Mr. L. Mohanty,
                                                                        Advocate

                                          -versus-

           State of Odisha & Ors.               ....          Opposite Parties
                                                        Mr. C.K. Pradhan, AGA

                             COROM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                         ORDER

Order No                                24.06.2025
    01.     1.    This matter is taken up through Hybrid Mode.

2. Heard learned counsel for Petitioner and learned counsel for the State-Opposite Parties.

3. The present Writ Petition has been filed inter alia with the following prayer:-

"It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opp. Parties calling upon them to file show cause as to why :-

i) A direction shall not be issued to grant 2nd ACP w.e.f. 01.01.2006 and 3rd ACP benefits w.e.f.

16.11.2008 in favour of the petitioner by counting the period of service from the date of initial date of joining dated 16.11.1978 taking into consideration the Judgment of this Hon'ble Court rendered in between State of Odisha Vrs Rusav Pradhan in W.P.(C) No. 22715/2013 dated 24.1.2014 and release the arrears till his superannuation dated 31.5.2012 and why his pension and pensionary benefits shall not be revised. W.e.f. 01.06.2012;

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ii) And after hearing the parties be pleased to direct the opp. Parties to release 2nd ACP w.e.f. 01.01.2006 and 3rd ACP w.e.f. 16.11.2008 in favour of the petitioner and release the arrears till his superannuation dated 31.5.2012. and thereafter revise his pension and pensionary benefits w.e.f. 01.06.2012 after refixation of pay under ORSP Rules, 2008 and release all arrears in his favour; within a date to be fixed by this Hon'ble Court;

And pass any other order/orders, direction/ directions as deemed fit and proper, And for which act of kindness, the petitioner shall as in duty bound, ever pray."

4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.4 vide Annexure-5 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.

5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.4 to consider the representation filed by the petitioner vide Annexure-5 within a period of three (3) months from the date of production of certified copy of this order.

Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy)

Jyoti

Location: HIGH COURT OF ORISSA Date: 24-Jun-2025 17:55:52