2 04.01.2021 This Matter Is Taken ... vs Unknown

                 W.P.(        C.M.P.
                                  W.P.(C)
                                     No.1360
                                          No.36053
                                             of 2015of 2020




2   04.01.2021               This matter is taken up through Video conferencing.
                             Heard Mr.B.Ray, learned counsel for the petitioner
                         and Mr.Satpathy, learned Standing Counsel for School &
                         Mass Education Department.
                             The petitioner has filed this writ petition seeking for
                         direction to opposite parties to release the differential
                         arrear salary as well as the current monthly salary in
                         trained graduate scale from 10.11.2012 as has been
                         given to other similarly situated persons vide Annexure-
                         5 and in the light of the judgment in the case of
                         Radharani Samal Vrs. State of Orissa & others,
                         reported   in   2017(1)ILR-CUT-546,       which   has     been
                         affirmed by this Hon'ble Court in Writ Appeal No.176/
                         2017 and the Hon'ble Supreme Court in SLP(C)No.
                         22314/2019.
                             Learned counsel for the petitioner contended that
                         similar question has already been adjudicated by the
                         learned Single Judge in Radharani Samal vrs. State of
                         Orissa, 2017(I) ILR-CUT-546, which has been affirmed
                         by the Division Bench of this Court by dismissing Writ
                         Appeal No.176 of 2017 preferred by the State vide order
                         dated 30.04.2019. Therefore, the case of the petitioner
                         is squarely covered by the judgment passed by this
                         Court in Radharani Samal(supra).
                             Learned Standing Counsel for School and Mass
                         Education Department admits the contentions raised by
                         the learned counsel for the petitioner. He contended that
                         direction may be issued to consider the case of the
                         petitioner in the light of judgment passed by this Court
                         in Radharani Samal (supra), which has been affirmed
                         -2-




      by the Division Bench of this Court vide order dated
      30.04.2019 by dismissing Writ Appeal No.176 of 2017
      preferred by the State.
          Considering    the    contentions   raised   by    learned
      counsel for the parties and after going through the
      records, this Court disposes of the writ petition directing
      the opposite party nos.1 to 3 to consider the case of the
      petitioner in the light of the ratio decided by this Court in
      Radharani Samal (supra) as expeditiously as possible
      preferably within a period of two months from the date
      of communication of copy of this order by the petitioner
      but however taking care of the direction of this Court
      dated 03.11.2020, passed in W.P.(C) No.22706 of 2020.
      In the event payment involving petitioner is not released
      within two months, it shall carry 7% interest for the
      period of delay and the interest component shall be
      recovered from the person responsible for such delay.
           As   restrictions     are   continuing   for     Covid-19,
       petitioners may utilize the soft copy of this order
       available in the High Court's Website or print out
       thereof at par with certified copies in the manner
       prescribed vide Court's Notification No.4587 dated
       25.3.2020.



                                       ..............................

Biswanath Rath,J sks