Gopabandhu Behera v. State of Odisha
Case brief
What is this about?
In a writ petition concerning claims for grade pay and arrear benefits, the Court granted liberty to the petitioner to file a representation before the authority. The authority was directed to consider the landmark judgment of this Court in State of Odisha v. Bihari Lal and pass an appropriate order within four months.
What did the court decide?
Liberty granted to approach the authority to consider the judgment in State of Odisha v. Bihari Lal and pass an order within four months.
What the court decided
W.P.(C) No. 11022 of 2021
- 10.06.2021
The matter is taken up by video conferencing mode. Heard Mr. R.K. Patnaik, learned counsel for the petitioner and learned Addl. Government Advocate.
The petitioner has filed this application seeking direction to opposite parties no. 1 and 4 to sanction and disbursement of grade pay of Rs.5400/- in 3rd RACP and the differential arrear financial benefits be paid to the petitioner within a stipulated time.
Mr. R.K. Patnaik, 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 27.06.2016 ( State of Odisha and another v. Bihari Lal and others), which was arising out of an order dated 12.03.2015 passed by the State Administrative Tribunal in O.A. No. 520 of 2014 and this Court quashed the order dated 21.12.2013 (wrongly mentioned as 21.12.2012 in the judgment) and held that the applicants are eligible to get financial upgradation in the posts of GPEO/PA, ABDO/SDPO and DPO 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 said judgment.
Learned Addl. Government Advocate states that if the Division Bench of this Court has resolved the issue, then the petitioner may approach the authority concerned ventilating his grievance.
Considering the contention raised by learned counsel for the parties and after going through the records, this
Issues for consideration
1 issue framed by the court
Whether the petitioner is eligible to receive financial upgradation in grade pay and differential arrear benefits pursuant to the RACP scheme and the judgment in State of Odisha v. Bihari Lal.
Parties & counsel
- petitioner
Petitioner
- respondent
Opposite Parties 1 and 4
Coram
Dr. B.R. Sarangi
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court