The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2563 of 2024 Benudhar Sahu State of Odisha & others -versus- …. Petitioner
Legal Reasoning
Mr. K.C. Sahu, Advocate …. Opposite Parties Mr. S. Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 08.02.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed by the Petitioner with the following prayer : “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 2nd & 3rd RACP benefit in favour of the petitioner on completion of 20 & 30 years of service as on 01.01.2013 & 26.12.2013 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/- & Rs. 4800/- in accordance with Annexure-3 & 4 so also in the light of similar such benefit as has been extended in case of similar such Process Server of Land Acquisition organization of W.R Deptt. as per Annexure- 5 & 6 so also in the light of Biharilal Barik’s case along with financial benefits w.e.f. 01.01.2013 & 26.12.2013 by further revising the pay as well as 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. And may pass any other Writ(s), Direction(s), Order(s) as this Hon’ble Court may be deemed fit and proper.” // 2 // 4. It is submitted by learned counsel for the Petitioner that the Petitioner was initially appointed as a Amin on 26.12.1983 under Annexure-1 to the writ application. After service of several years he was promoted to the post of Revenue Inspector in December, 2011, the Petitioner without getting any further promotion has retired from service w.e.f. 31.01.2018 on attaining the age of superannuation. He further referred to the Finance Dept. resolution dated 06.02.2013 submitted that the petitioner is entitled to the financial up-gradation i.e. 1st, 2nd & 3rd RACP benefits as the Petitioner was not given promotion although the post, which the Petitioner was holding also of his career as a cadre post and promotion from such post to the higher post is permissible in view of the Government of Odisha, H & F.W. Dept., Order No.22753 dtd.22.10.2011. 5. In course of his argument, learned counsel for the petitioner referred to the order passed by the learned Odisha Administrative Tribunal in O.A. No.870 of 2016 vide order dated 30.01.2018 submitted that in a similar case of a similarly situated employee, namely, Shisir Kumar Das, the Tribunal after taking into consideration the order dated 22.10.2011 has allowed grade pay of Rs.4600/- in favour of the Petitioner. He further contended that such order passed by the Tribunal was assailed before this Court in W.P.(C) No.35303 of 2021. A Division Bench of this Court vide order dated 04.08.2022 has dismissed the writ petition filed the State- Opposite Parties in terms of order dated 15.07.2021 passed in W.P.(C) No.22057 of 2019 i.e. State of Odisha & ors. vs. Sanjulata Sethy & ors. Accordingly, learned counsel for the Petitioner submitted that the Petitioner is entitled to a Grade Pay of Rs.4600/- as has been given in the case of Shisir Kumar Das. 6. Learned Additional Government Advocate on the other hand // 3 // contended that the order passed by the Tribunal in Shisir Kumar Das, which is relied upon by the Petitioner is an order passed without hearing the State-Opposite Parties and without considering the counter affidavit. He further contended that the writ petition preferred by the State-Opposite Parties was dismissed on the ground of delay. Further referring to the order dated 14.12.2023 under Annexure-7, learned Additional Government Advocate contended that in para-6 of the order, the Government has clarified that the Grade Pay of Rs.4600/- was although allowed in favour of the Petitioner passed pursuant to the order of the Tribunal, however, it has been made clear that the same shall not be treated as a precedent for any other case claiming RACP entitlement at par with the above named Shisir Kumar Das. Learned Additional Government Advocate further contended that the Petitioner is claiming the Grade Pay attached to the post of Statistical Investigator which is Rs.4200, therefore, the Petitioner is not entitled the Grade Pay @ Rs.4600/- as has been granted in the case of Shisir Kumar Das. In such view of the matter, learned Additional Government Advocate submitted that the present writ application is devoid of merit and accordingly, the same should be dismissed. 7. Having heard the learned counsels appearing for the respective parties as well as on a careful examination of the background facts of the present case, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party Nos.1 & 2 to consider the case of the Petitioner for grant of RACP benefits keeping in view the order passed by the Tribunal in O.A. No.870 of 2016 under Annexure-5 as well as the order dated 14.12.2023 under Annexure-7. It is further made clear that while considering the application of the Petitioner, the Opposite Party Nos.1 // 4 // & 2 shall also take into consideration the Resolution of the Finance Dept., Govt. of Odisha dated 06.02.2013 under Annexure-2 as well as the order of the H & F.W. Dept., Govt. of Odisha Order No.22753 dated 22.10.2011, the Opposite Party Nos.1 & 2 shall do well to consider the representation of the Petitioner in the light of the aforesaid direction and dispose of the same by passing a speaking and reasoned order within a period of two months from the date of communication of certified copy of this order by the Petitioner. The final decision so taken by the Opposite Party Nos.1 & 2 be communicated to the Petitioner within a period of ten days from the date of taking such a decision. It is further directed that in the event, the Opposite Parties come to a conclusion that the petitioner is entitled to RACP benefits as claimed by him and in the absence of any other legal impediment, such RACP benefits be sanctioned and disbursed in favour of the Petitioner within a period of six weeks from the date of taking such a decision. 8. With the aforesaid observations/ directions, the writ application stands disposed of. 9. Issue urgent certified copy of this order as per Rules. Rubi ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 13-Feb-2024 10:37:55