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2024 DAILYLAW 653 (ORI)

NABAGHANA MOHANTY v. STATE OF ODISHA

WP(C)/7769/2024 · 2026-05-06

Biraja Prasanna Satapathy

Writ Petition (Civil)body2024

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 7769 of 2024 Nabaghana Mohanty ..... Petitioner Mr. S.P. Pati, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A. Tripathy, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 06.05.2026 Order No. 09 1. This matter is taken up through hybrid mode. 2. Heard Mr. S.P. Pati, learned counsel appearing for the Petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. Even though vide the impugned order dtd.22.02.2024 under Annexure-8, claim of the Petitioner to get the benefit of 3rd RACP was rejected on the ground that Grade Pay in the shape of 3rd RACP as against the promotional post of Deputy Executive Engineer at Rs.5,400/- had already been allowed in favour of the Petitioner in the shape of 2nd RACP, but taking this Court to the resolution issued by the Finance Department on 13.02.2025 and consequential recommendation made by the office of Opp. Party No. 2 on 02.07.2025, learned counsel appearing for the Petitioner contended that, claim of the Petitioner is required to be adjudicated afresh. 3.1. It is accordingly contended that the matter be remitted to Opp. Party No. 1 to take a fresh decision taking into account the stipulation contained in Finance Department Resolution dtd.13.02.2025 and the Page 2 of 2. recommendation made by the office of Opp. Party No. 2 vide his letter dtd.02.07.2025. 4. Learned Addl. Govt. Advocate has no serious objection to the course of action proposed by the learned counsel appearing for the Petitioner. 5. Having heard learned counsel appearing for the Parties and considering the submission made, this Court while disposing the writ petition, directs Opp. Party No. 1 to take a fresh decision on the claim of the Petitioner to get the benefit of 3rd RACP, taking into account the stipulation contained in Finance Department Resolution dtd.13.02.2025 and the recommendation made by the office of Opp. Party No. 2 on 02.07.2025 so enclosed to memo dtd.14.10.2025, within a period of two (2) months from the date of receipt of this order. Petitioner is permitted to provide a copy of this order along with the Finance Department Resolution dtd.13.01.2025 and recommendation made by the office of Opp. Party No. 2 vide his letter dtd.02.07.2025 before Opp. Party No. 1 for compliance. 6. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha