Krushna Chnadra Khuntia v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OAC) No.1007 of 2018 Krushna Chandra Khuntia ....
Petitioner -versusState of Odisha & Others ....
Opp. Parties COROM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
14.09.2022
1. 1.
This matter is taken up through Hybrid Mode.
Order No 2.
Heard Mr. Sethi, learned counsel for the petitioner and Mr. Balabantaray, learned Standing Counsel. 3.
The present writ petition has been filed with the following prayer.
"(i) to quash the order dtd.7.10.2017 under Annexure-5 (ii) to direct the respondents to sanction the RACP of applicant w.e.f 13.4.2013 instead of 31.8.2015."
4.
It is submitted that the prayer of the petitioner has been rejected on the ground that the petitioner has not passed the Departmental Accunts Training and unless he passes the said accounts training, he will not be eligible for getting the benefit of RACP. Mr. Sethi, learned counsel for the petitioner submitted that similar issue was before this Court in W.P.(C) No.27703
// 2 // of 2013. This Court in its order dated 27.4.2016 has already held that passing of Departmental Accounts Examination cannot be considered to be a precondition for grant of such benefit. 5.
In view of such decision taken by this Court, it is found that the claim of the petitioner has been rejected without following the said decision passed on 27.4.2016. Therefore, this Court has got no hesitation in quashing the same passed on 7.10.2017 under Annexure-5 and while quashing the same directs opp. party No. 3 to take a fresh decision in the light of the decision rendered by this Court in the above noted case.
6.
Such a fresh exercise shall be completed within a period of two months from the date of receipt of this order. It is also observed that if the petitioner is found eligible to get the said benefit, necessary financial benefit shall also be extended in his favour within the aforesaid time.
7.
The Writ Petition is accordingly disposed of. (Biraja Prasanna Satapathy) Judge sangita