Binod Kumar Biswal vs State Of Odisha & Ors
2021 Latest Caselaw 9109 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              WP(C) NO.25471 OF 2021

            Binod Kumar Biswal                        ....               Petitioner

                                                           Mr.S.Mishra, Advocate

                                         -versus-


            State of Odisha & Ors.                    ....         Opposite Parties

                                                             Mr.D.Mohapatra,
                                               Standing Counsel for O.Ps.1 to 3
                                                               None for O.P.4


                      CORAM:
                      JUSTICE BISWANATH RATH
                                        ORDER

31.08.2021

Order No.

1. This Writ Petition involves the following prayer:

"The Petitioner therefore humbly prays that the Hon'ble court may be graciously pleased to admit this case, issue notice to opposite parties for show cause and after hearing both the sides may be pleased to issue a writ of Mandamus/Certiorari by directing the opposite parties particularly to Opposite Party No.1 to 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, i.e. from 13.2.2021 on the basis of the Orissa Education Rules, 1974, S.M.E. Department Resolution dated 18.2.2008 and Letter No.6259 dt.16.4.2010 as well as the Letter No.1772 dtd.11.1.2011 of the Director of Secondary Education, Odisha vide Annexure-4, 5, 6, 8 & 9 series as well as order passed in the case of Radharani Samal-Vs.-State and Others, reported in (2017) (I) ILR-CUT-546 with cost.

And Further be pleased to direct the Opposite Party No.3 to finalise the grievance of the Petitioner through Headmaster vide Annexure-7 within a stipulated period."

// 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, passed 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.

(Biswanath Rath) Judge M.K.Rout