2 08.04.2021 The Matter Is Taken Up ... vs The Petitioners Have Filed This ...
2021 Latest Caselaw 4826 Ori

                                 W.P.(C) No.12321 OF 2021




2   08.04.2021            The matter is taken up through video conferencing
                 mode.
                          Heard Mr. J. Biswal, learned counsel for the
                 petitioners.
                          The petitioners have filed this writ petition seeking
                 direction to opposite party no.1 to extend the benefits to
                 them under the Orissa Revised Scale of Pay Rules, 1998
                 and allow them differential salary w.e.f. 01.01.1996 to
                 01.01.2006 and further extend the benefit in terms of
                 ORSP Rules, 2008 w.e.f. 01.01.2006 till 31.03.2010 and
                 extend regular annual increments w.e.f. 01.01.1989 at
                 par with the teachers of the Government Schools within a
                 stipulated period.
                          Mr. J. Biswal, learned counsel for the petitioners
                 contended      that   similar   question   had   come   up   for
                 consideration before this Court in Prabira Kumar Biswal
                 v. State of Orissa, 2011(I) OLR 239, wherein the similar
                 relief sought has been granted, but the petitioners have
                 been discriminated. He further contended that similarly
                 situated persons in W.P.(C) No.14423 of 2020 and 11970
                 of 2015 have also been granted the said benefit. In spite
                 of such order, the benefit has not been granted to the
                 petitioners. Thereby, it is contended that the petitioners
                 may be permitted to file a fresh representation before the
                 authority so that the authority shall apply his mind and
                 extend the benefit as has been made in the aforesaid
                 cases.
                       Considering the limited nature of grievance of the
                 petitioners, this Court directs the petitioners to file a fresh
        representation within a period of two weeks from today
       ventilating their grievances before the authority. In the
       event the petitioners file such representation annexing the
       certified copy of this order along with copy of the judgment
       in Pabira Kumar Biswal ( supra), copies of orders dated
       15.07.2020 and 17.12.2019 passed by this Court in W.P.(C)
       Nos.14423 of 2020 and 11970 of 2015 respectively, the
       authority shall consider and pass appropriate order as
       expeditiously as possible within a period of three months
       from the date of filing of the representation.
               With the aforesaid observation and direction, the writ
       petition is disposed of.
               As the restrictions due to COVID-19 situation are
       continuing, learned counsel for the parties may utilize a 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 Notice No.4587, dated 25th March,
       2020.


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

(DR. B.R. SARANGI) Alok JUDGE