PRAKASH KUMAR JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Orissa at Cuttack in W.A. No.319 of 2020, the original writ petitioners working as Home Guards and the State of Orissa both have preferred the present appeals.

(2.) Civil Appeal arising out of SLP No.3906 of 2022 has been filed by the State of Orissa and others challenging the order passed by the High Court of Orissa at Cuttack in W.P. (C) No.19556 of 2020 by which the High Court has disposed of the said writ petition in terms of the judgment and order passed in W.A. No.319 of 2020 which is the subject matter of C.A.No.8836 of 2022. Therefore, C.A. No.8836 of 2022 arising out of the impugned judgment and order passed by the High Court in W.A. No.319 of 2020 is treated as lead matter and the facts arising out of the said W.A.No.319 of 2020 are narrated, which are as under: -

(3.) Learned counsel appearing on behalf of the State of Orissa has vehemently submitted that the High Court has materially erred in directing the State to pay Rs.533.00 per day as Duty Call-up Allowance (hereinafter referred to as 'DCA') to the Home Guards working in the State and the same would be much more than the amount being paid to the Constables at the entry level recruited as per Odisha Group-C and Group-D (Contractual Appointment) Rules, 2013 (hereinafter referred to as the Rule, 2013).