CUTTACK, India, Feb. 12 -- Orissa High Court issued the following order on Jan. 12:

1. Heard Mr. P.K. Mishra, learned counsel for the petitioner and Mr. S.P. Das, learned Addl. Standing Counsel for the State.

2. Petitioner has filed the present Writ Petition inter alia with the following prayer:-

"It is prayed, therefore that this Hon'ble Court may graciously be pleased to;

(i) Admit and allow the writ petition

(ii) And be pleased to quash the impugned letters vide No. 8631/T dated 02.11.2020, vide No.4466 dated 17.05.2021, order No.8820 dated 19.08.2021 and letter No. 500 dated 30.09.2021 under Annexure-5, 8, 9 and 10 respectively;

(iii) And be pleased to direct the Opp. Parties to allow the petitioner to get Grade Pay of Rs.6600/- towards 3" RACP as was granted vide order No.5452/TC dated 11.04.2016 under Annexure-3;

iv) And further be pleased to direct the Opp. Parties to sanction and disburse all retirement dues such as pension, Gratuity. and Commuted Value of pension as per the pension papers submitted earlier under Annexure-6 within a stipulated period of time.

v) And further be pleased to direct the Opp. Parties to pay interest' @ 18% per annum on arrear pension, Gratuity and Commuted value of pension in terms of Annexure-12 & 13 within a stipulated period of time.

vi) Pass such other order (s), direction (s) as deem fit and proper to the facts and circumstances of the case to give complete relief to the petitioner."

3. It is contended that petitioner while continuing in service he was extended with the benefit of 1st, 2nd and 3rd RACP vide order dated 11.04.2016 under Annexure3. While in receipt of the benefit in terms of such order, petitioner retired from his services on attaining the age of superannuation on 31.01.2020 pursuant to office order dated 29.01.2020 under Annexure-4.

3.1. After such retirement of the petitioner, petitioner was sanctioned with the provisional pension. But while considering the sanction of final pension and other pensionary benefits as due and admissible, basing on the letter issued by Opp. Party No.3 on 02.11.2020 under Annexure-5, Opp. Party No.4 re-fixed the pay of the petitioner by withdrawing the benefit of order dated 11.04.2016 so issued under Annexure-3. While redeciding the pay vide order dated 19.08.2021 under Annexure-9, petitioner was not allowed the benefit of 3rd RACP and his entitlement to get the benefit of 1st and 2nd RACP was also re-fixed.

3.2. While re-fixing the benefit vide the impugned order under Annexure-9, petitioner was also directed to pay the excess amount so drawn by him on the ground of wrong extension of the benefit vide order under Annexure-3. It is also contended that the excess amount to the tune of Rs.5,37,907/- was kept withheld from the retiral gratuity in terms of order dated 30.09.2021 so issued under Annexure-10. Basing on such re-fixation of the pay, petitioner however was sanctioned with the pension and other pensionary benefits.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoG4%2FHeSk73Kzg47QWhtqOiKknr6TIzg1qbdIwa1A6KRZ&caseno=WP(C)/33013/2021&cCode=1&cino=ODHC010711982021&state_code=11&appFlag=)

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