Surendra Prasad Pati vs State Of Orissa & Ors
2021 Latest Caselaw 8867 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    WPC No.24327 of 2021

               Surendra Prasad Pati                       ....             Petitioner
                                                        Mr. M.K.Mohanty, Advocate

                                             -versus-
               State of Orissa & ors.                     ....      Opposite Parties
                                                Mr.D.Mohapatra, Standing Counsel

                         CORAM:
                         JUSTICE BISWANATH RATH
                                           ORDER

25.08.2021 Order No.

01. 1. This matter is taken up through video conferencing mode.

2. Heard Mr.M.K.Mohanty, learned counsel for the petitioner and Mr.D.Mohaptra, learned Standing Counsel for the School & Mass Education Department.

"The petitioner most respectfully prays that the Hon'ble Court may be graciously pleased to allow the writ petition, issue writ or direction in the nature of mandamus or any other appropriate writ or direction to the opposite parties to pay the Headmaster scale of pay from 24.03.1997 till 31.10.2019 and Charge allowances from 01.06.1994 to 23.03.1997 and accordingly grant consequential arrear salary and financial benefits, the pension and other retiral benefits to him and pass such other or further order or orders as are deemed just and proper."

3. Considering the rival submission of the parties this Court finds on the self same issue there appears the petitioner has made representation vide Annexure-4 is pending with the District Education Officer, Kalahandi, opposite party No.3. As such the writ

K.K.Sahoo // 2 //

petition is not entertainable at this stage. However, pendency of the representation on the self same issue, opposite party No.3 is directed to consider the representation of the petitioner Annexure-4 taking into consideration the applicability of the judgment in RVWPET No. 255 of 2013 (State of Odisha & Others V. Purna Chandra Chand) which was also being followed by this Court in W.P.(C) No. 18757 of 2021 disposed of on 1.7.2021. The entire exercise shall be concluded within a period of two months from the date of communication of this order along with a copy of the order along with a copy of the order as indicated hereinabove by the petitioner. An extra copy of the brief be served on Mr.Mohapatra, learned Standing Counsel for School & Mass Education Department for communication purpose.

4. With the aforesaid observation the writ petition is disposed of.

(Biswanath Rath) Judge