Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1491 of 2025
Pramod Kumar Das …. Petitioner Represented By Adv. Mr. Manas Pati
-versus- State of Odisha & Ors. …. Opposite Parties Represented By AGA Mr. Sanjay Rath
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 16.01.2025
01.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Parties.
3. Perused the Writ Petition as well as documents annexed thereto.
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 27th June, 2016 in the case of Sate of Odisha and Anr. Vrs. Biharilal and Ors. The said matter arose out of an order dated 12th March, 2015 passed by the learned State Administrative Tribunal in O.A. No.520 of 2014.
5. He further contends that the said order was quashed by the order dated 21st December, 2013 thereby allowing the financial upgradation 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 above noted judgment.
6. The prayer made in this Writ Petition is extracted herein below:-
“The petitioner therefore prays that your lordships would graciously be pleased to direct the Opp. Party no.1 to comply the order vide letter dt.05.11.2018 under Annexure-3 and furnish the implementation order of the Administrative Deptt. In conformity to Finance Department letter No.19420 dated 1.7.2020 under Annexure-8 for allowing higher grade pay of Rs.4600/- to the petitioner under RACP and submit the pension papers of the petitioner to A.G (A&E), Odisha for finalization for pension.
And pass such order/ direction as this Hon’ble court August deem fit and proper.”
7. Considering the grievance of the Petitioner, this Court directs the Principal Secretary to the Government, Panchayati Raj & Drinking Water Department, Odisha/ Opposite Party No.1 to consider the case of the Petitioner taking into account the decision in the case of Biharilal (supra) and pass a lawful order in this matter within a period of two months from the date of presentation of an authenticated copy of this order. The decision so taken
shall be communicated to the Petitioner within a week thereafter.
8. This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge
Gitanjali Designation: P.A.