IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21230 of 2024
Manoranjan Pattanaik …. Petitioner
Mr. Anil Kumar Das, Advocate
-Versus-
State of Odisha & others …. Opposite Parties
Mr. H.K. Panigrahi, ASA
Mr. S.K. Patra, SC
For A.G., Odisha
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
31.08.2024
Order No.
01. 1. Heard learned counsel for the respective parties.
2. Instant writ petition is filed by the petitioner for a direction
to the opposite parties and in particular, opposite party No.1 for
sanction and disbursement of 3rd RACP benefits on completion of
30 years of service in the post of PEO with a Grade Pay of
Rs.5400/- with effect from 31st March, 2016 in his favour on the
grounds stated therein.
3. Learned counsel for the petitioner submits that the
petitioner is entitled to such financial upgradation in the light of the
decision in the State of Odisha and another Vrs. Bihari Lal Barik and
others decided in W.P.(C) No. 2831 OF 2016 on 27.06.2016 and in
view of the Government order under Annexure-3. It is further
submitted that with such orders, RACP to be granted in favour of
the petitioner and pension accordingly refixed and revised with
release of consequential financial and pensionary benefits to him.
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4. In course of hearing, it is brought to the notice of the Court
that the petitioner has submitted a representation i.e. Annexure-6.
5. Recording the submission of Mr. Panigrahi, learned ASC for
the State and contention of the petitioner and learned counsel for
the petitioner appearing for him referring to Annexure-5 as similar
relief has been extended to the others by the Government and since
the plea is for 3rd financial up-gradation with a Grade pay of
Rs.5400/-, the Court is of the view that such grievance pending
through Annexure-6 said to have been received by opposite party
No.1 should be directed to be duly examined followed by an order
within a stipulated period.
5. Accordingly, it is ordered.
6. In the result, the writ petition stands disposed of with a
direction to opposite party No.1 to consider and examine
Annexure-6 with reference to Annexure-5 vis-(cid:224)-vis entitlement of 3rd
financial up-gradation with a Grade pay of Rs.5400/- payable to the
petitioner with effect from 31st March, 2016 and to take a decision
thereon with consequential orders with regard to revision as to the
pension. It is further directed that such an exercise shall be
concluded by opposite party No.1 at the earliest preferably within a
period of eight weeks from the date of receipt of a certified copy of
this order keeping in view the decision of this Court in Bihari Lal
Barik (supra).
7. Urgent certified copy of this order be issued as per rules.
Signature Not Verified
(R.K. Pattanaik)
Judge
Digitally Signed
Signed by: BALARAM BEH E R A
Balaram
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Sep-2024 11:24:21
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