WP(C)/36966/2020

                         W.P.(C) No.36966 of 2020




02.   04.01.2021                This      matter       is   taken      up    through     Video
                   Conferencing mode.
                                Heard       Mr.S.K.Mishra,           learned     counsel    for
                   petitioner and learned Standing Counsel for the School &
                   Mass Education Department.
                                Petitioner has filed this application claiming I.A.
                   C.P.Ed.   scale   of    pay    with      effect   from      22.09.2007   to
                   31.12.2017    and      all    the   consequential        service    benefits
                   pursuant to the law laid down by this Court in the case of
                   Niranjan Nayak and another Vrs. State of Orissa and
                   others, 2003(II) OLR 321.
                                Mr.S.K. Mishra, learned counsel for petitioner
                   submits that the claim of the petitioner is squarely covered
                   by the judgment of this Court reported in the case of
                   Niranjan Nayak and another Vrs. State of Orissa and
                   others, 2003(II) OLR 321. He further submits that on the
                   selfsame issue the petitioner has made a representation
                   under Annexure-10 to opposite party no.2, which is pending
                   for consideration.
                                Considering the contentions raised by the parties
                   and without expressing any opinion on the merits of the case,
                   this Court disposes of the Writ Petition directing opposite
                   party nos.2 & 3 to verify as to whether the petitioner has
                   requisite qualification for getting I.A.C.P.Ed. Scale or not. On
                   verification, if the petitioner is found to be entitled to the said
                   scale of pay by applying the ratio decided in Niranjan Nayak
                   case (supra), the same shall be allowed in favour of the
                   petitioner and the differential arrear salary w.e.f. 22.09.2007
                   to 31.12.2017 shall be calculated and paid to the petitioner
                   taking into consideration the letter dated 31.01.2015 under

uks
                      2




Annexure-6 as expeditiously as possible preferably within a
period of six months from the date of communication/
production of this order by the petitioner.
             The Writ Petition stands disposed of.
             As restrictions are continuing due to COVID-19,
petitioner(s) 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 Notice
No.4587, dated 25.03.2020.

                                        .....................................
                                         Biswanath Rath, J.

3 4