Kirtibas Naik v. State Of Odisha.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.1729 of 2015 Kirtibas Naik ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

15.07.2022

02. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

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

3. The Petitioner has filed the present Writ Petition for the following reliefs:

"(i) Necessary order/orders be passed so as to declare the prospective effect date i.e.1.1.2013 depriving of the applicant (retired in between 1.9.2008 to 31.12.2012) to have the financial retiral benefits prospectively w.e.f.1.1.2013 under RACP scheme is unreasonable and arbitrary.

(ii) Necessary direction/directions be issued so as to grant financial up-gradation i.e. 3% of the basic pay + grade pay of the promotional post (out of the promotional hierarchy) under the RACP Scheme notionally from the date of completion of 10, 20 and 30 years of service in one post and Grade with actual release of financial retiral benefits under RACP Scheme w.e.f.1.1.2013 within a stipulated time. (iii) Or any alternative any other order/orders/direction/directions be passed as this Hon'ble Tribunal deemed fit and proper so as to grant complete relief to the applicant."

// 2 //

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha