WP(C)/489/2021
2021 Latest Caselaw 1136 Ori

                                  W.P.(C) No. 489 of 2021




02. 01.02.2021       The   matter     is    taken   up   through    video
                 conferencing.
                     Heard Mr. C.R. Pattnaik, learned counsel for
                 the petitioner and Mr. B.Mohanty, learned Standing
                 Counsel    for   School      and    Mass     Education
                 Department.
                     The petitioner has filed this writ petition
                 seeking direction to the opposite parties to grant
                 trained graduate scale of pay from the date on
                 which he has attained the age of 48 years as his
                 case is covered by the ratio decided in the case of
                 Radharani Samal vrs. State of Orissa, 2017(I)
                 ILR-CUT-546,     and      government    decision   dated
                 16.04.2010 and to calculate the differential arrears
                 and to pay the same to the petitioner within a
                 stipulated period.
                     Mr.   T.K.   Nayak, 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).
               Mr. B.Mohanty, 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 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 production of
      authenticated copy of this order.



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

Dr. B.R.Sarangi, J GDS