IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 33003 of 2024 Hariram Nayak ..…... Petitioner(s) Mr. Manas Pati, Adv. -Versus- State of Orissa & Ors. ………. Opposite Parties Mr. Saswat Dash, AGA Mr. S.K. Patra, Adv. for O.P.3 CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 03.01.2025 Order No. 01. 1. This matter is taken up through a 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 of this Court in W.P.(C) No.2831 of 2016 disposed of on 27th June, 2016 in the case of State 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 2024. 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 Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 03-Jan-2025 18:52:49 Signature Not Verified 2 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.13.08.2024 under Annexure-3 and furnish the implementation order of the Administrative Deptt. In conformity to Finance Department letter No.19420 dated 1.07.2020 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 of pension. And pass such order/directions 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) 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 Murmu Designation: P.A.