Orissa High Court
Dusmanta Tipiria vs State Of Odisha & Ors on 13 August, 2021
2IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) NO.23582 OF 2021
Dusmanta Tipiria .... Petitioner
Ms.S.K.Rath, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr.B.Mohanty, Standing Counsel
CORAM:
JUSTICE BISWANATH RATH
ORDER
13.08.2021
Order
No.02
1. This Writ Petition involves the following prayer:
"Under the above facts and circumstance of the case, this
Hon'ble High Court be pleased to allow this writ application by
granting the following reliefs :
(a) A writ of mandamus/certiorari or any other appropriate
writ be issued directing the Opp.Parties, particularly
op.no.2 and 3 to take immediate steps to disburse the
differential arrear salary as well as the current monthly
salary in trained graduate scale of pay from the date of
attaining the age of 48 years on 18.4.2018 on the basis of
S & ME Deptt. Resolution dtd.18.2.2008, letter
dt.11.1.2011 and letter dt.16.4.2010 and the 1974 Rule
within a reasonable time to be stipulated by this Hon'ble
Court taking into account the judgment pronounced by
this Hon'ble Court in the case of Radharani Samal-vrs.-
State of Orissa and Others in W.P.(C) No.18908/2013
confirmed by this Hon'ble Court in W.A. No.176/2017;
(b) Or in alternative any other order(s)/direction be passed so
as to give complete relief to the petitioner as this Hon'ble
Court may deem fit and proper."
// 2 //
2. 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).
3. Learned Standing Counsel for the 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.
4. 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 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 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 issued in W.P.(C) No.22706 of
2020. In the event payment involving petitioner is not released within two
months, it shall carry interest @7% per annum for the period of delay and the
interest component shall be recovered from the person responsible for such
delay.
5. Issue urgent certified copy.
(Biswanath Rath)
Judge
Manoj Kumar Rout
