Disposed¶25

Puspa Rout v. the Commnr. Cum Secry., Information and Pr Dept.

Orissa HC2 Sept 2024WP(C)/24229/2021

Case brief

AI extract

What is this about?

RACP Scheme benefits; grade pay; Finance Department Resolution dated 06.02.2013; Clerk-cum-Librarian; District Information and Public Relations Officers, Cuttack; 20 years of service; implementation of order dated 09.10.2017 in O.A. No.1257 of 2015; W.P.(C) No.2783 of 2018; SLP No.11137/2020; set aside order dated 22.01.2020 (Annexure-5); tagged writ W.P.(C) No.24225 of 2021 (Bikash Ranjan Mohanty); disposal in terms of companion order; Articles 226 & 227 of the Constitution; Information and Public Relations Department Odisha.

What did the court decide?

Writ petition disposed of in terms of the observations and directions passed in the detailed order dated 02.09.2024 in W.P.(C) No.24225 of 2021; no separate or quantified relief is stated in this order. ¶25

Puspa Rout Vs the Commnr. Cum Secry., Information… — Writ and Judicial Review | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the petitioner, working as Clerk-cum-Librarian in the Office of the District Information and Public Relations Officers, Cuttack with 20 years of service, should be provided benefits/grade pay as per the RACP Scheme vide Finance Department Resolution dated 06.02.2013. +2 more

¶14

Ratio / Principle

In view of the detailed order passed on 02.09.2024 in W.P.(C) No.24225 of 2021 (Bikash Ranjan Mohanty Vs. The Commissioner-cum-Secretary, Information and Public Relations Department, Odisha), this writ petition stands disposed of with the observations and directions passed in the said order.

¶25

Key takeaways

The memo filed by learned Senior Counsel adding a prayer to set aside the order dated 22.01.2020 (Annexure-5) was taken on record and the Court considered such prayer.¶21

Detailed headnote1 paragraphs

W.P.(C) No.24229 of 2021 (High Court of Orissa at Cuttack, order dated 02.09.2024, M.S. Raman, J.) — Puspa Rout, Clerk-cum-Librarian in the Office of the District Information and Public Relations Officers, Cuttack, with 20 years of service, sought directions for benefits/grade pay as per the RACP Scheme vide Finance Department Resolution dated 06.02.2013, invoking Articles 226 & 227 of the Constitution, and implementation of the order dated 09.10.2017 in O.A. No.1257 of 2015 (Annexure-1), the High Court's order in W.P.(C) No.2783 of 2018 (Annexure-2) and the Supreme Court's order in SLP No.11137/2020 (Annexure-3); by memo filed on the hearing date, a prayer was added to set aside the order dated 22.01.2020 (Annexure-5) of the Commissioner-cum-Secretary, Information and Public Relations Department, which memo the Court took on record. The matter, tagged to W.P.(C) No.24225 of 2021 (Bikash Ranjan Mohanty Vs. The Commissioner-cum-Secretary, Information and Public Relations Department, Odisha) concerning a similarly situated employee, was disposed of in view of the detailed order passed the same day in that writ, with the observations and directions passed therein, the learned Additional Government Advocate having conceded.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.24229 of 2021

¶3

Puspa Rout

¶4

…. Petitioner

¶5

Mr. Kali Prasanna Mishra, Sr. Advocate along with Mr. Adyasidhi Mishra, Advocate and Mr. A. Mohapatra, Advocate

¶6

-versus-

¶7

…. The Commissioner-cum-Secretary to the Opposite Parties Government, Information and Public Relations Department, Odisha, Bhubaneswar and others

¶8

Ms. Saswata Pattnaik, AGA

¶9

CORAM:

¶10

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

¶11

Order No. 02.

¶12

ORDER 02.09.2024

¶13

This matter is taken up through Hybrid Mode.

¶14

The petitioner, working as Clerk-cum-Librarian in the Office of the District Information and Public Relations Officers, Cuttack having completed 20 years of service, approached this Court by way of filing this writ petition to issue direction to the opposite parties for providing benefits/grade pay as per RACP Scheme vide Finance Department Resolution dated 06.02.2013 craving to invoke extraordinary jurisdiction of this Court under Articles 226 & 227 of the Constitution of India with the following prayer(s):-

¶15

“Therefore, it is humbly prayed that this Hon’ble Court may graciously be pleased to;

¶16

Page 1 of 3

¶17

i. Admit and allow this writ petition with an exemplary cost;

¶18

ii. Direct/order to the State Opp. Parties to implement the order dated 09.10.2017 passed in O.A. No.1257 of 2015(Annexure-1) Read With order of this Hon’ble High Court passed in W.P.(C) No.2783 of 2018 (Annexure-2) and Order of the Supreme Court passed in SLP No.11137/2020 (Annexure-3).

¶19

iii. Such other order/orders as the Hon’ble High Court deem fit and proper for the interest of justice.

¶20

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

¶21

Learned Senior Counsel for the petitioner, by filing a memo in Court today, states that due to inadvertence, the prayer portion could not contain prayer to set aside order dated 22.01.2020 (Annexure-5) passed by the Commissioner-cum-Secretary to Government Information and Public Relations Department. Said memo is taken on record and, accordingly, this Court considers such prayer.

¶22

This matter was tagged to W.P.(C) No.24225 of 2021, which is relating to similarly situated employee and listed for hearing today. Learned counsel for the petitioner submitted that the present matter shall abide by the order passed today in W.P.(C) No.24225 of 2021, to which learned Additional Government Advocate conceded.

¶23

In view of the detailed order passed today (02.09.2024) in W.P.(C) No.24225 of 2021 ( Bikash Ranjan Mohanty Vs. The Commissioner-cum-Secretary, Information and Public Relations

¶24

Page 2 of 3

¶25

Department, Odisha), this writ petition stands disposed of with the aforesaid observation and directions passed in the said order.

¶26

(M.S. Raman) Judge

¶27

Laxmikant

¶28

Signature Not Verified

¶29

Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-Sep-2024 11:08:35

¶30

Page 3 of 3

Puspa Rout v. the Commnr. Cum Secry., Information and Pr Dept.

Case brief

What is this about?

What did the court decide?

Puspa Rout v. the Commnr. Cum Secry., Information and Pr Dept.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Brajendra Kishore Roy Vs State of Odisha

Gouranga Charan Sahoo Vs State of Odisha

Sibaram Maharana Vs State of Odisha

Surendra Kumar Sahoo Vs the Commnr. Cum Secry., Information and Pr Dept.

Bikash Ranjan Mohanty Vs the Commnr. Cum Secry., Information and Pr Dept.

Ashok Baliarsingh Vs the Commnr. Cum Secy., Information and Pr Dept.