Unknown vs State Of Odisha & Others

                           W.P.(C) No.31109 of 2020




2.   4.01.2021         This matter is taken up through Video Conferencing.
                       Heard the submissions of learned counsel for petitioner
                 and learned Standing Counsel for the School and Mass
                 Education Department.
                       Petitioner has filed this Writ Petition seeking for
                 direction to opposite parties to take immediate steps to
                 disburse the differential arrear salary as well as current
                 monthly salary in Trained Graduate scale of pay to the
                 petitioner from the date of attaining the age of 48 years, i.e.
                 from 12.07.2020 in terms of the decision of this Court in the
                 case of Radharani Samal Vs. State of Odisha & others,
                 reported in 2017 (I) ILR-CUT-546 (W.P.(C) No.18908 of 2013)
                 within a stipulated period.
                       Learned counsel for 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 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
                                 2




       for the parties and after going through the records, this Court
       disposes of the Writ Petition directing the opposite parties 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 four
       months from the date of communication of copy of this order
       by the petitioner.
              The Writ Petition thus stands disposed of.
              As restrictions are still 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   copy in the      manner prescribed,     vide   Court's
       Notification No.4587 dated 25.3.2020.


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

(Biswanath Rath, J.) Ayas