Basanta Kumar Mahunta v. State Of Orissa
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9229 of 2022 Basanta Ku Mahunta & another ....
Petitioners Mr. L.K.Mohanty,, Advocate -versusState of Odisha and others ....
Opposite Parties Mr.P.C.Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
25.04.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioners as well as learned counsel for the State. Perused the record.
3.
The present writ petition has been filed by the Petitioners with the following prayer:- "It is therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the Opposite Parties calling upon them to file show cause as to why a direction shall not be issued to the Opp.Parties to grant 2nd and 3rd RACP benefits in favour of the Petitioners as per their entitlement with effect from 06.04.2019 and 01.01.2013 as per the Finance Department Resolution dated 06.02.2013 under Annexure-5 as well as clarification date 17.01.2015 under Annexure-6 and taking into consideration of the judgment of this Hon'ble Court rendered in between State of Orissa and others versus Biharilal Barik in W.P.(C) No.2831 of 2016 as well as order dated 17.03.2022 passed by this Hon'ble Court in W.P.(C) No.32191 of 2020 under Annexure-9 and after hearing the parties be pleased to direct the opp.parties to release the 2nd and 3rd RACP benefit in favour of the Petitiones from the date of their entitlement as per
// 2 // judgment rendered in between State of Orissa and others versus Biharilal Barik as well as order passed by this Hon'ble Court as well as order dated 17.03.2022. A further direction be issued to release all arrears to the petitioners as per they are entitled, within a date to be fixed by this Hon'ble Court.
4.
Learned counsel for the petitioners 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. Biharilal Barik 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 Petitioners that the Opposite Parties be directed to consider the case of the Petitioners as per the settled law decided in the case of State of Odisha-vrs.-Biharilal Barik decided by the Hon'ble Supreme Court in SLP.(C) No.20358 of 2017 decided on 23.08.2017. 6.
Considering the limited nature of prayer of the Petitioners and considering the fact of the case, the Principal Secretary to Government, Health and Family Welfare Department, Bhubaneswar (Opposite Party No.1) shall do well to consider the case of the Petitioners 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
// 3 // the date of such decision. The case of the Petitioners 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 the Hon'ble Supreme Court in SLP No.20358 of 2017 on 23.08.2017. The writ petition stands disposed of directing the Competent Authority to dispose of the case of the petitioners by undertaking the entire exercise within a period of two months from the date of production of certified copy of this order.
Issue urgent certified copy as per Rules.
( A.K. Mohapatra ) Judge RKS