The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5729 of 2024 Chandra Sekhar Das …. Petitioner Mr. K.C.Sahu,Advocate -versus- State of Odisha and others ….
Legal Reasoning
Opposite Parties Mr. D.Mohapatra, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 14.03.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the petitioner as well as learned Additional Standing Counsel appearing for the State- Opposite Parties. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “In view of the facts & submissions mentioned above the petitioner prays for the following relief(s):- i) The Hon'ble Court be pleased to admit & allow the writ petition. ii) The Hon'ble Court be graciously pleased to allow the writ petition by quashing / revocation of Annexure-10 & 11 by further directing the Opp. parties no. 3 & 5 for sanction & disbursement of withheld periodical increments for the year November 2022 & November 2023 in favour of the petitioner on the basis of G.P of Rs. 5400/- instead of lower G.P of Rs.4800/- in view of the judgment of this Hon'ble Court under // 2 // Annexure-9 by granting all the consequential service & financial benefits as due & admissible in favour of the petitioner within a time bound period for the interest of justice. iii) The Hon'ble Court may be pleased to pass any order (s)/ direction(s) as deems fit and proper for the interest of justice.” 4. It is submitted by Mr. Sahu, learned counsel appearing for the petitioner that by virtue of order passed by the learned O.A.T in O.A. No.726 of 2017 on 04.01.2018, a batch of similarly placed other persons were allowed the 3rd RACP on completion of 30 years of service. The aforesaid order passed by the Tribunal in the batch of similar other matters was implemented by the Government vide order dated 19.03.2018 under Annexure-2. Thereafter, the petitioner approached the O.A.T. in O.A. No.1178 of 2018 praying for grant of 3rd RACP benefit @ Rs.5400/- .The said O.A. was disposed of on 19.06.2018 vide order under Annexure-4. Pursuant to the aforesaid order the Opposite Party No.2 vide order dated 24.04.2018 granted 3rd RACP @ Rs.5400/- in favour of the petitioner under Annexure-3. The order passed by the Tribunal in favour of the petitioner was implemented vide order dated 10.06.2019 under Annexure-5. Learned counsel for the petitioner further contended that the Opposite party No.2 passing general order on 04.07.2019 sanctioned 3rd Racp @ Rs.5400/- to all VLW/AO. While the matter stood thus the Government vide order dated 02.07.2021 took a decision to withdraw/revoked the RACP benefit with grade pay of Rs.5400/- granted in favour of the petitioner and similarly situated other persons under Annexure-6 to the writ application. Challenging the aforesaid order the petitioner approached this Court by filing W.P.(C) No.23460 of 2021. At the time of admission, a Coordinate Bench of this Court, vide order dated 11.08.2021, directed not to effect the order dated 17.02.2021 and // 3 // 22.07.2021. While the interim order was in force the Opposite Party No.5 wrote a letter to Opposite Party No.3 to cancel the RACP benefit in favour of the petitioner vide letter dated 10.02.2022 under Annexure- 11. Thereafter, the Opposite party No.3 vide letter dated 16.07.2022, stated that the Opposite Party No.5 reduced the grade pay from Rs.5400/- to Rs.4800/- in favour of the petitioner. Finally, the writ petition filed by the petitioner before this Court along with batch of other matters was disposed of vide a common judgment dated 30.09.2022 in the matter of Manmohan Sahoo V. State of Orissa and others in W.P.(C) No.16641 of 2022 the batch of writ applications by disposed of with the following observation:- through the Government “Therefore, after going the materials available on record, pleadings made in the writ petition and the submissions made by the learned counsel for the Parties, this Court is of the view that since persons similarly situated have been extended with the benefit of 3rd RACP with Grade Pay of Rs.5,400/- vide order dated 24.04.2018 under Annexure-7 basing on letter dated 19.03.2018 under Annexure-6 with confirmation of the same by this Court in its order passed in W.P.(C) No.5644 of 2022, the action of the Opposite Party No.1 in withdrawing the order dated 20.11.2018 vide the impugned order under Annexure-13 is not legally sustainable. While holding so, this Court is inclined to quash the said order dated 02.07.2021 passed by the Opposite Party No.1 under Annexure-13 and consequential orders issued on 22.07.2021 under Annexure- 14 and order dated 8.9.2021 under Annexure-15. While quashing all those orders issued under Annexures-13 to 15, this Court directs the Opposite Parties to continue with the benefit as has been extended in favour of the Petitioners vide order dated 24.08.2020 under Annexure-11.” 5. Later, the State Opposite Parties preferred a Writ Appeal No.414 of 2023 against the aforesaid order passed in Manmohan Sahoo’s Case (supra). The said writ appeal has been disposed of by // 4 // Division Bench vide order dated 18.10.2023. Therefore, the order passed in the case of Manmohan Sahoo and batch of similar other writ applications has attained finality. Learned counsel for the petitioner at this juncture submitted that despite the aforesaid direction and despite the fact that the impugned letters dated 02.07.2021 and 22.07.2021 have been quashed by this Court, Opposite Party Nos.3 and 5 have not sanctioned annual increment to the petitioner for the year 2022- 23. Accordingly, the petitioner submitted the representation before the Opposite Party No.5 on 08.11.2023 under Annexure-12 to the writ application. He further contended that no final decision has been taken on such representation of the petitioner dated 08.11.2023 under annexure-12 to the writ application. Being aggrieved by such inaction of the Opposite Parties, the petitioner has approached this Court by filing the present writ application. 6. Learned Additional Standing Counsel on the other hand contended that since the petitioner has already approached the Opposite Party No.5 by filing the representation under Annexure-12 to the writ application then, he shall have no objection. in the event this Court disposes of the writ applications by directing the Opposite Party No.5 to take a decision on the representation of the petitioner under Annexure- 12 in accordance with law and within stipulated period of time. 7. Considering such submissions made by the learned counsels appearing for the respective parties, on a careful examination of the background facts as well as materials on record, further keeping in view the limited nature of grievance, this Court deems it proper to dispose of the writ application by directing he Opposite Party Nos.3 and 5 to consider the representation of the petitioner dated 08.11.2023 under Annexure-12 to the writ application in accordance with law and keeping in view the judgment in Manmohan Sahoo’s Case (supra) under // 5 // Annexure-9 series to the writ application. The representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order within a period of two months from the date of communication of a certified copy of this order. Further, till a decision is taken on the representation of the petitioner, the Opposite parties are directed to continue paying the grade pay to the petitioner which he is getting at the moment without varying or modifying the order regarding the same. Final decision so taken be communicated to the petitioner within two weeks thereafter. 8. With the aforesaid observations/ directions, the writ application stands disposed of. 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: 27-Mar-2024 12:14:26