Orissa High Court
Durga Prasad Patnaik vs State Of Odisha & Ors. ..... Opposite ... on 6 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11295 of 2025
Durga Prasad Patnaik ..... Petitioner
Represented By Adv. -
Saibrata Rath
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
D. Lenka, A.G.A.
S.K.Patra, Standing
Counsel for the A.G.
(A&E), Odisha
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
06.05.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate and Mr.S.K.Patra, learned
Standing Counsel for Accountant General (A&E), Odisha.
3. The Petitioner has filed the present writ application with the
following prayer:
"The Petitioner, therefore, prays that your Lordships
would be graciously pleased to admit this writ petition, call
for the records and after hearing the parties allow the same,
issue writ/writs in the nature of certiorari/mandamus and/or
any other further writ/direction, quash the order dated
01.03.2024 under Annexure-1 and direct the Opposite
Parties to authorize the final pension of the Petitioner within
a stipulated period."
4. It is submitted by the learned counsel for the Petitioner that the
Petitioner was initially appointed as Village Level Worker on
28.07.1986 under Annexure-3. The said post of Village Level
Worker (VLW) was redesignated as Panchayat Executive Officer
(PEO) in the year 2015. Learned counsel for the Petitioner further
referring to the judgment of the Tribunal which was confirmed by
this Court and the Hon'ble Apex Court in the case of Biharilal Barik
and others submitted that the Petitioner is entitled to financial
upgradation under the RACP Scheme. Accordingly, he claims for
MACP under ORSP Rules, 2017 which has not been considered by
the State-Opposite Parties, As such the Petitioner has approached this
Court by filing the present Writ Petition for redressal of his
grievance.
5. Learned Additional Government Advocate on the other hand
submitted that the ratio laid down in the case of Biharilal Barik-vrs.-
State of Orissa by the Tribunal as has been confirmed by this Court
as well as the Hon'ble Supreme Court, applies to the Petitioner's case
where the grant of benefit under the RACP Scheme is involved. He
further submitted that the ratio in Biharilal Barik case is not applied
to the facts of the present case. Therefore, the case of the Petitioner is
to be considered under the ORSP Rule, 2017 under which the
Petitioner is claiming the benefit. He further submitted that the
Petitioner has not approached the Departmental Authority before
approaching this Court. In such view of the matter, learned
Additional Government Advocate submitted that the Petitioner be
directed to approach the Departmental Authority before pursuing the
remedy under Article 227 of the Constitution of India.
6. Considering the submissions made by learned counsels and
upon careful examination of the background facts of the present case
and on perusal of the documents annexed to the writ Petition, this
Court deems it proper to dispose of the Writ Petition at the stage of
admission by directing the Petitioner to approach the Opposite Party
No.6 along with certified copy of this order and the copy of the
judgment he is relying upon in support of his claim. In the event, the
Petitioner approaches the Opposite Party No.6, the Opposite Party
No.6 shall do well not only to consider the case of the Petitioner,
further he is also directed to comply with the requirements as
communicated to him by the Accounts Officer of the Office of
Accountant General, Odisha issued under Annexure-1 within a
period of six weeks from the date of production of certified copy of
this order. The Opposite Party No.6 is further directed to act on
production of certified copy of this order. The decision so taken be
communicated to the Petitioner within two weeks thereafter.
7. With the aforesaid observation/direction the Writ Petition
stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 07-May-2025 17:52:03
