Disposed

Raghabendra Patnaik v. State of Odisha

Orissa HC27 Mar 2023WP(C)/8956/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of the writ petition by directing the Principal Secretary, Panchayati Raj Department, to reconsider the petitioner's claim for grade pay enhancement of Rs.5400/- over Rs.4800/- within two months, guided by the precedent State of Odisha vrs. Biharilal Barik (W.P.(C) No.20358 of 2017).

What did the court decide?

Principal Secretary directed to consider petitioner's case for grade pay enhancement within two months, communicating decision within two weeks.

Raghabendra Patnaik 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.8956 of 2023

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Raghabendra Pattnaik

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…. Petitioner Mr. A.K. Das , Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr. Iswar Mohanty, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

27.03.2023

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 learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

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The present writ petition has been filed by the Petitioner with the following prayers:-

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“It is, therefore, prayed that your Lordships may be pleased to direct the State/O.Ps. for sanction and disbursement of grade pay of Rs.5400/- instead of Rs.4800/- in 3^rd RACP on completion of 30 years of service in the post of VLW/PEO w.e.f. 17.3.2015 in view of Panchayati Raj Deptt. notification dt. 19.6.2014 under Anx.3 where the grade pay of Dist. Panchayat Officer has been enhanced from Rs.4800/- to Rs.5400/w.e.f. 19.6.2014 and the settled principle of law in Bihari Lal Barik case and accordingly, the order at Anx.5 (Sl.3) relating to the petitioner granting grade pay Rs.4800/- in 3^rd RACP be modified and the pension of the petitioner also be revised with payment of all consequential financial benefits.

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And pass any other order/orders as deemed fit and

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// 2 //

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proper in the ends of justice.”

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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 vrs. 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.20358 of 2017 decided on 23.08.2017.

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Considering the submissions made, this Court disposes of the writ petition at the stage of admission by directing the Principal Secretary to Government, Panchayati Raj & D.W. Department, Odisha, Bhubaneswar (Opposite Party No.1) to consider the case of the petitioner within a period of two months from the date of receipt of 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.1 in the light of the judgment in the case of State of Odisha-vrs.-Biharilal Barik decided by this

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// 3 //

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Court in W.P.(C) No.20358 of 2017 on 23.08.2017. The Competent Authority is directed to complete the entire exercise within a period of two months from the date of communication of this order.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra ) Judge

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Debasis

Raghabendra Patnaik v. State of Odisha

Case brief

What is this about?

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Raghabendra Patnaik v. State of Odisha

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