The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.14182 of 2025 Prasanna Kumar Behera & Ors. ..... Petitioners Represented By Adv. - Niranjan Biswal State Of Odisha & Ors. ..... Opposite Parties -versus- Represented By Adv. – C. Mohanty, A.S.C.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 19.06.2025 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioners as well as learned Additional Standing Counsel appearing for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioners have filed the present writ application with the following prayer: “It is, therefore prayed that this Hon’ble Court may graciously be pleased to admit this writ application, issue notice to the 0pp. Parties, call for the relevant records and after hearing the counsel for the parties may pass the following orders/directions; (i) To direct the Opposite parties more particularly the Opposite party No-1, 2 & 3 to extend the increased “Duty Call Allowances” to the Home Guards of the Page 1 of 5. state at part with the minimum of the pay to which the police personnel/ Constable of the state are entitled to as per 7th Pay Commission i.e Rs.21, 700/- and Dearness allowance admissible from time to time w.e.f 01.06.2018 in compliance to the paragraph-10 of the Judgment dated-17.03.2023 passed in Civil Appeal No-8836 of 2022 under Annexure-10 with in a time framed by this Hon’ble Court. (ii) To direct the Opposite party No-1 & 3 to extend the benefits of DCA (Duty-Call-Allowances) at the rate of Rs.1122/- per day at par with minimum pay admissible to the police personnel’s/constables of the state from time to time pursuance to the Judgment dated-17.03.2023 passed by the Hon’ble Supreme court in Civil Appeal No-8836 of 2022 under Annexure-10. (iii) To direct the Opposite parties to extend all other service and consequential benefits to the petitioners and other similarly situated Home Guards of the state at par with their counter parts in other states. And/or pass such other further order/orders as this Hon’ble Court deems just, equitable and proper in the facts and circumstances of the present case.” 4. It is stated by the learned counsel for the Petitioners that being aggrieved by the inaction of the Opposite Parties in complying with the direction the of Hon’ble Supreme Court in the case of Prakash Kumar Jena & Ors. vs. The State of Odisha & Ors. in Civil Appeal No.8836 of 2022 and a batch of similar other matters disposed of vide a common judgment dated 17.03.2023, the Petitioners have approached this Court by filing the present writ application. Learned counsel for the Petitioners contended that while disposing of the aforesaid Civil Appeal, the Hon’ble Supreme Court in para-10 has observed as follows:- Page 2 of 5. “10. The judgment and order passed by the learned Single Judge confirmed by the Division Bench directing to pay to the Home Guards in the State, DCA at Rs.533/-per day are hereby confirmed. However, it is clarified that the arrears at the rate of Rs.533/- per day shall be paid from 01.06.2018. The arrears shall be paid within a period of three months from today. It goes without saying that the Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time. The present appeals stand disposed in terms of the above. There shall be no orders as to costs.” Referring to the direction of the Hon’ble Supreme Court as contained in para-10, which is quoted hereinabove, learned counsel for the Petitioners contended that although the Petitioners have been paid the arrear DCA dues at the rate of Rs.533/-per day as directed by the Hon’ble Supreme Court. However, the 2nd part of the direction i.e. with regard to the periodical enhancement has not been extended in favour of the Petitioners. He further contended that although the aforesaid fact was brought to the notice of the Opposite Party No.1 by filing a detailed representation on 09.05.2025 under Annexure-16 to the writ application, no decision has been taken thereon as of yet. Being aggrieved by such inaction of the State-Opposite Parties, the Petitioners were left with no other option but to approach this Court by filing the present writ application. 5. Learned Additional Standing Counsel on the other hand contended that he has no specific instruction in the matter. Page 3 of 5. However, in the event the Petitioners have approached the Opposite Party No.1, as has been indicated in the body of the writ application, by filing their grievance petition on 09.05.2025 under Annexure-16, he will have no objection in the event this Court directs the Opposite Party No.1 to consider the grievance petition of the Petitioners keeping in view the observation of the Hon’ble Supreme Court, within a stipulated period of time. 6. Having heard the learned counsels appearing for the respective parties, on a careful analysis of their submissions, further taking note of the background facts as well as the judgment of the Hon’ble Supreme Court in Prakash Kumar Jena’s case (supra), this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider the grievance petition of the Petitioners dated 09.05.2025 under Annexure-16 within a period of eight weeks from the date of communication of a certified copy of this order by the Petitioners. It is further directed that while considering the grievance petition, the Opposite Party No.1 shall take into consideration the direction of the Hon’ble Supreme Court in Prakash Kumar Jena’s case (supra) as indicated in para-10 of the said judgment, which has been quoted hereinabove. The grievance petition of the Petitioners shall be disposed of by passing a speaking and reasoned order within the aforesaid stipulated period of time and the final decision so taken by the Opposite Party No.1 be also communicated to the Petitioners within ten days from the date of taking such a decision. 7. With the aforesaid observations/ directions, the writ Page 4 of 5. application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Jun-2025 10:05:05