Nalini Kanta Mishra v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28008 of 2022 Nalini Kanta Mishra ....
Petitioner Mr. A.K. Das, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. T.Patnaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
31.10.2022 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 with the following prayers:
"It is, therefore, prayed that your Lordships may be pleaded to direct the State/O.Ps sanction and disbursement of Grade pay in 3rd RACP @ Rs.4800/- from 16.05.2014 to 18.06.2014 and grade pay @ Rs.5400/- from 19.06.2014 onwards till 31.12.2015 in view of Panchayati Raj Department Notification dated 19.06.2014 under Annexurre-3 and the settled principle of law in Bihari Lal case and accordingly, the order passed by O.P.No.5 under Annexure-5 allowing only grade pay of Rs.4800/- towards 3rd RACP to the Petitioner be modified and the pay of the Petitioner shall be fixed as per ORSP Rules, 2017 from 01.01.2016 in appropriate Cell & Level in pay matrix and the pension also be revised with all consequential financial benefits. And pass any other order/orders as deemed fit and
// 2 // proper in the ends of justice, equity and good conscience."
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 vrs. 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 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
// 3 // of Odisha-vrs.-Biharilal Barik decided by this Court in SLP 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 production of certified copy of this order.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge RKS