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Bishnu Charan Sahoo v. State of Odisha

Orissa HC9 Oct 2020WP(C)/25085/2020

Case brief

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What is this about?

Petitioners, Level-V teachers with over 23 years of service, sought a writ mandamus directing the Education Department to grant the 2nd RACP benefit and promotion, relying on the State of Orissa v. Bihari Lal Barik decision and Finance Department Circulars.

What did the court decide?

Directed respondents to consider petitioners' claim for 2nd RACP and promotion within two months considering the Bihari Lal Barik decision.

Bishnu Charan Sahoo Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2020)

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W.P.(C) No.25085 of 2020

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09.10.2020 This matter is taken up through Video Conferencing.

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Heard Mr.D.N.Rath, learned counsel for the petitioners and Mr.B.Mohanty, learned Standing Counsel for School and Mass Education Department.

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Petitioners have prayed for the following

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relief:

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“Under the above circumstance, it is therefore humbly prayed that this Hon’ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by directing the opposite parties to extend the benefit of 2^nd RACP i.e. P.B.-2 in the Scale of Pay of Rs.9300 to 34800/- with Grade Pay of Rs.4200/- on completion of 20 years of service since the petitioners have not been given the benefit of promotion and they have been continuing in one post/grade, i.e. Level-V teacher and in the meantime have completed more than 23 years of service by now and, therefore, are entitled the benefit of 2^nd RACP in the light of the decision rendered by this Hon’ble Court in the case of State of Orissa v. Bihari Lal Barik, vide Annexure-7 to the writ application, which has been affirmed by the Hon’ble Apex Court, vide Annexure8 and the guideline issued by the opposite party no.3 vide Annexure-9 to the writ application.

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And this Hon’ble Court be pleased to pass any further order/orders or direction/ directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.

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And for this act of kindness, as in duty bound, the petitioners shall ever pray.”

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Taking into consideration the rival contentions of the parties and after going through the orders at Annexures-6 to 8, this Court finds the issue involved herein has already been settled. This apart, there is also a Finance Department Circular, vide

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uks

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Annexure-9 supporting the case of the petitioners.

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In this view of the matter, the writ petition stands disposed of directing the opposite party nos.1 and 2 to consider the claim of the petitioners taking into consideration the decision in similarly situated cases, vide Annexures-6 to 8 keeping in view the Finance Department Circular vide Annexure-9 and taking into consideration the judgment of this Court in the case of State of Orissa V. Bihari Lal Barik (W.P.(C) No.2831 of 2016, decided on 27.06.2016 , vide Annexure-7) by completing the entire exercise within a period of two months from the date of communication of this order along with copy of the writ petition by the petitioners.

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Learned counsel for the petitioners may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notification No.4587 dated 25.3.2020.

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Biswanath Rath, J.

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Bishnu Charan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bishnu Charan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

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