Durga Prasad Seth Vs State of Orissa

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

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The Petitioner has filed the present writ application with the following prayer:

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“It is therefore, humbly prayed that this Hon'ble Court may graciously be pleased to:

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i) Direct the opp. parties to allow the Petitioners, the Grade Pay of Rs.4200/on 2nd Financial Up-gradation under RACPs, w.e.f. 04.12.2016 on completion of 20 years of service as has been given to

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similarly situated persons vide Annexure3 and in terms of the decision of this Hon’ble court in W.P.(C) No.7281/2018, Saraswati Bhoi & Others v. State of Odisha, decided on 24.06.2022 which has been affirmed in SLP(C) No.7374-7375 of 2024 decided on 09.09.2025 as well as Govt. Resolution dated 13.02.2025;

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ii) Pass such other order(s)/direction(s) as would be deem fit and proper in the bona fide interest of Justice;”

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The subject matter of this petition is substantially similar to the case in State of Odisha & Ors. v. Saraswti Bhoi & Ors., 2022 (II) ILR-CUT-629 .

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Counsel for the petitioners submits that in the said case a direction has been issued for considering the similar representation for the grant of Grade Pay of Rs.4200/- instead of Grade Pay of Rs.2800/- w.e.f. the date of completion of 20 years of service in a single cadre towards the financial upgradation under RACP Scheme.

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Learned ASC appearing for the OPs very fairly agrees that the subject representation should meet its fate at the hands of OP No.1 in the light of observations in Saraswti Bhoi ( supra ). With this proposal, learned ASC is agreeable, subject to the caveat that all contentions should be kept open and a reasonable period be prescribed for disposal of the subject representation to be made by the Petitioners within a period of three weeks. This is fair.

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In the above circumstances, writ petition is disposed of. Time for consideration of the subject representation and informing the

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result of such consideration to the petitioners in writing, is eight (8) weeks. All contentions are kept open.

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It is open to solicit any information or document from the side of petitioners or from other officers, as are required for due consideration of the subject representation; however, in that guise delay shall not be brooked.

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Now, no costs.

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Web copy of order to be acted upon by all concerned.

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( Aditya Kumar Mohapatra )

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Judge

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S.K. Rout

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Signature Not Verified