Partly allowed

Biswajit Singh v. State of Odisha

Orissa HC23 Feb 2023WP(C)/4363/2023

Case brief

AI extract

What is this about?

Writ petition filed seeking Grade Pay modification from Rs.5400/- to Rs.6600/- after 30 years of service. Court directed the Engineer-in-Chief to consider the case under relevant precedent within two months.

What did the court decide?

Directed the Engineer-in-Chief (Civil) to consider the petitioner's case for Grade Pay modification and communicate the decision within two months of receipt, along with further exposition within two

Biswajit Singh Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4363 of 2023

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Biswajit Singh

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…. Petitioner Mr. S.B.Satapathy, Advocate

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-versus-

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State of Orissa and others

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…. Opposite Parties Mr. Saswat Das, A.G.A.

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CORAM: JUSTICE A.K.MOHAPATRA

ORDER

23.02.2023

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate.

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The present Writ Petition has been filed with the following prayer:

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“It is therefore, Petitioner prays that your Lordships may graciously be pleased to consider the facts stated above, admit the same, issue Rule NISI, calling upon the Opp. Parties, especially Opposite Parties No.1 & 4 to show cause why the writ of mandamus shall not be issued against them and why the Grade Pay of the Petitioner is to modify to Rs.6600/- instead of Rs.5400/- on completion of 30 years of service if they fail to show cause or show insufficient cause make the Rule absolute and may be pleased to direct especially Opp.Parties No.1 & 4 to modify the Grade Pay of the Petitioner to Rs.6600/- instead of Rs.5400/- on completion of 30 years of service on the basis of judgment dated 27.06.2016 passed by this Hon’ble Court in W.P.(C) No.2831/2016 (State of Odisha v/s. Biharilal Barik & others) which has been confirmed by Hon’ble Apex Court within stipulated period of time.

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And may pass any other writ/writs, order/orders, direction/directions as your Lordships deem just and proper.”

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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.

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It is also submitted by the learned counsel for the Petitioner that the Opposite Parties be directed to consider the case of the Petitioner as per the settled law decided in the case of State of Odisha-vrs.-Biharilal Barik decided by this Court in W.P.(C) No. 2831 of 2016 on 27.06.2016.

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Considering the limited nature of prayer of the Petitioner and considering the fact of the case, the Engineer-in-Chief (Civil) Odisha, Bhubaneswar (Opposite Party No.4) shall do well to consider the case of the Petitioner within a period of two months from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the Petitioner within a period of two weeks from the date of such decision. The case of the Petitioner shall be considered by the Opposite Party No.4 in the light of the judgment in the case of State of Odisha-vrs.-Biharilal Barik decided by this Court in W.P.(C) No.2831 of 2016 as well as the

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// 3 //

RKS

order of the Hon’ble apex Court in Diary No.20358 of 2017. The writ petition stands disposed of directing the Competent Authority to dispose of the case of the petitioner by undertaking the entire exercise within a period of two months from the date of communication.

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With the above direction, the Writ Petition stands disposed

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Issue urgent certified copy of this order as per rules.

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(A.K. Mohapatra)
Judge

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Biswajit Singh v. State of Odisha

Case brief

What is this about?

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Biswajit Singh v. State of Odisha

Case brief

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