WP(C)/4038/2021
2021 Latest Caselaw 2918 Ori

                                     W.P.(C) No. 4038 of 2021




02. 26.02.2021       The      matter     is    taken    up    through     hybrid
                 arrangement (virtual/physical mode).
                     Heard Mr. A.U. Senapati, learned counsel for the
                 petitioner    and     Mr.    B.   Prusty,   learned    Standing
                 Counsel for School and Mass Education Department.
                     The petitioner has filed this writ petition seeking
                 for direction to the opposite parties to take immediate
                 steps to disburse the differential arrear salary as well
                 as current monthly salary in Trained Graduate Scale
                 of pay from the date of attaining the age of 48 years on
                 the basis of School and Mass Education Department
                 Resolution dated 18.02.2008 and letter No.6259 dated
                 16.04.2010 as well as letter No.1772 dated 11.01.2011
                 of Director, Secondary Education, Odisha and the
                 rules framed thereunder within a stipulated period.
                     Mr.      A.U.   Senapati,     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. Prusty, 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 Ashok