Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.9736 of 2025 Udayanath Mohanty ..... Petitioner
Represented By Adv. - Sidheswar Mallik -versus- 1) State Of Odisha ..... Opposite Parties 2) Collector, Keonjhar 3) Tahasildar, Ghasipura 4) Accountant General(odisha)
Represented By Adv. – Mr. D.K.Sahoo, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 09.04.2025
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 writ application as well as documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“Under the aforesaid facts and circumstance the petitioner humbly prays that this Hon'ble court may graciously be pleased to, i. Quash the impugned rejection order dated 5.12.2024 as at Annexure-6. ii. Direct/Order that two financial up gradations shall be sanctioned to the applicant in terms of the RACP scheme under annexure-5 as he completed 30 years of service as on
17.5.2012.
Page 2 of 3. iii. Direct/Order that in terms of the scheme the applicant shall be allowed grade pay of Rs.4,600/- and Rs.5,400/- w.e.f. 1.1.13 and his pay and pension shall be revised and the consequential arrear dues shall be paid within a stipulated period as may be fixed by this Hon'ble Tribunal with admissible interest thereon. iv. Pass such other order(s)/direction(s) as may be deemed fit and proper in the bonafide interest of justice.”
4. It is stated by the learned counsel for the petitioner that the prayer of petitioner for grant of RACP benefits was initially rejected vide order dated 05.12.2024 under Annexure-6 passed by the Collector, Keonjhar, Opposite Party No.2. He further contended that in the meantime the Finance Department of Odisha has issued a fresh resolution dated 13.02.2025 under Annexure-7 to the writ application. Referring to the clause-M under Para-4 (b), learned counsel for the petitioner submitted that the petitioner is entitled to the benefit in view of the latest resolution for Govt. of Odisha.
5. Learned Additional Government Advocate on the other hand contended that he will have no objection in the event this Court directs the opposite Party No.2 to re-examine the latest resolution of the Finance Department Govt. of Odisha dated 13.02.2025.
6. In such view of the matter, this Court deems it proper to remand the matter back to the opposite party No.2 to reconsider the case of the petitioner for grant of RACP benefits, taking into
consideration the latest resolution of the Finance Department dated 13.02.2025 under Anenxure-7 within a period of two months. The grievance of the petitioner shall be redressed by passing a speaking and reasoned order. The final decision so taken be communicated to the petitioner within two weeks therafter.
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7. With the aforesaid observations and directions, the writ application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi