Dhirendra Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.7523 of 2022 Dhirendra Kumar Swain ....

Petitioner Mr. A.K. Chhatoi, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Y.S.P. Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

31.03.2022 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. Perused the record.

3.

The present writ petition has been filed by the petitioner seeking for a direction to the State Opposite Parties to grant 3rd financial up gradation with grade pay of Rs.6,600/- in the scale of pay Rs.15,600-39,100/- on completion of 30 years of his service w.e.f 07.04.2014 in favour of the petitioner by declaring that the office order dated 05.11.2018 under Annexure-7 issued by the Opposite Party No.1 has no existence as on day after the order bearing no.15195 dated 17.04.2020 under Annexure-10 was issued by the opposite party no.1 in pursuance of the order of this Court dated 13.01.2020 under Annexure-9 and further to direct the opposite parties to sanction and disburse the differential arrears on the

// 2 // aforementioned RACP benefit in favour of the petitioner within a stipulated period, that too prior to date of his retirement as on 30.04.2022.

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 v. 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 and considering the fact that the Principal Secretary to Government, Panchayati Raj & D.W. Department, Bhubaneswar (Opposite Party No.1) shall do well to consider the case of the Petitioner within a period of two months from the date of receipt of a 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 such

// 3 // decision. 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 decided on 23.08.2017. The writ petition stands disposed of directing the Competent Authority to dispose of the case of the petitioner by undertaking the entire exercise within a period of two months from the date of communication. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu