The Court allowed an identical writ petition relying on a prior judgment, quashing an order that reduced the petitioner's pay scale and grade pay post-superannuation and directing the State to release arrears.
Quashed the order reducing Grade Pay; directed respondents to pay differential salary and arrears.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6619 of 2021
Biraraj Bag
Petitioner
Mr. S.P. Pati, Advocate
-versus-
State of Odisha and others
…. Opposite Parties
Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
26.06.2023
// 2 //
pronounced by this Court on 01.03.2023 in W.P.(C) No.16209 of 2020. Accordingly, the third paragraph of this Order dated 11.03.2020, under Annexure-7 vide which Petitioner’s Grade Pay of Rs.6600/- in PB-3, Scale of Pay of Rs.15600-39100/- was reduced/revised to Grade Pay of Rs.5400/- in PB-2, Scale of Pay of Rs.9300-34800/- with effect from 03.01.2013, is hereby quashed. Since the petitioner has already been superannuated on 28.02.2017, the Opposite Parties are directed to allow the Petitioner Grade Pay of Rs.6600/- in PB-3, Scale of Pay of Rs.15600-39100/- with effect from 01.01.2013 in terms of first and send paragraphs of the impugned Order dated 11.03.2020, as directed by the Tribunal vide Order dated 21.01.2019 in O.A. No.303 of 2019 and release the differential salary and pension on the Petitioner along with arrears within a period of four weeks from the date of communication of the certified copy of this Order.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge
Jagabandhu
Signature Not Verified
Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 26-Jun-2023 18:56:13
2 issues framed by the court
Whether the present writ petition, identical to a previously decided one, should be allowed on the same terms.
Whether the impugned order reducing petitioner's pay scale and grade pay should be quashed.
Colour shows how this judgement treated each authority
W.P.(C) No.16209 of 2020Referred¶4
1 provisions across 1 enactments
Biraraj Bag
State of Odisha
A.K. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.K. MOHAPATRA
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