Premlal Sagar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.29202 of 2022 Premlal Sagar ....

Petitioner Mr. P.K. Sahoo, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. A. Behera, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

09.11.2022 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 Petitioner has been allowed 2nd RACP of Rs.2800/- with effect from 01.01.2013 vide Annexure-2 dtd.17.10.2015 and similarly situated persons have been allowed 2nd RACP of Rs.4600/- w.e.f. 01.01.2013 under Annexure-3 dated 25.12.2013. Hence the Petitioner has approached this Court with a prayer to allow him grade pay of Rs.4600/- instead of Rs.2800/- from the date of his entitlement.

4.

In view of the ratio decided in O.A. No. 520/2014 and batch, Judgment of the Hon'ble Court of Odisha in W.P.(C) No.2831/2016 in O.A. No. 65/2016 and batch, the Petitioner is entitled to get grade pay of Rs.4600/- toward 2nd RACP on completion of 20 years service from 01.01.2013.

// 2 // 5.

Hence following the decision of the Tribunal in O.A. No.520/2014 and batch, Judgment of the Hon'ble High Court in W.P.(C) No.2831/2016, the order vide Annexure-2 allowing less Grade Pay to the Petitioner is illegal and liable to be quashed and accordingly quashed and the order granting grade pay of Rs.4600/- as has been allowed to similarly situated persons as under Annexure3 be extended to the Petitioner within a period of three months from the date of receipt of a copy of this order.

6.

With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu