Bhagaban Naik Vs State of Odisha

“It is, therefore, prayed that your Lordships may graciously be pleased to admit & allow this writ application by directing the opp.parties to allow the 3^rd RACP benefit in favour of the petitioner on completion of 30 years of service as on 01.01.2013 by fixing his basic pay in the time scale of i.e. Rs.9,300/- to Rs.34,800/- with G.P. of Rs. 4600/- in accordance with Annexure3 & 4 so also in the light of similar such benefit has been extended in case of similar Process Server/Amin as per Annexure-5, 6 & 7 by further revising the pay & pension of the petitioner as per the ORSP Rules 2017 with granting the consequential benefits as due & admissible in favour of the petitioner within a time bound period for the interest of justice.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa C uttac k Date: 23-Oct-2024 11:16:15

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And may pass any other Writ(s), Direction(s), Order(s) as this Hon’ble Court may be deemed fit and proper;

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

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Mr. Sahu, learned counsel for the petitioner submits that the petitioner is entitled to 3^rd RACP benefit, which has been denied. It is claimed that such benefit has been allowed in respect of others in view of Annexures-5 and 6. It is further claimed that the petitioner has approached the authority concerned with a representation i.e. Annexure-8 with no decision has been taken thereon till date.

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Recorded the submission of Mr. D. Mohapatra, ASC for the State.

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Since parity is demanded in view of Annexures-5 and 6 and as the petitioner has moved the authority concerned, namely, opposite party No.2 with a representation i.e. Annexure-8, the Court is inclined to direct the said authority to examine it and pass necessary order according to law.

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Hence, it is ordered.

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In the result, the writ petition stands disposed of with a direction to opposite party No.2 to consider and examine Annexure-8 and to take a decision on the same at the earliest

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keeping in view earlier decisions as per Annexues-5, 6 and 7 Signature Not Verified Digitally Signed Signed by: LITARAM MURMUfollowed by an order at the earliest preferably within a period of Reason: Authentication Location: High Court of Orissa C uttac k Date: 23-Oct-2024 11:16:15

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six weeks from the date of receipt of a certified copy of this order.

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