WP(C)/36562/2020
2021 Latest Caselaw 183 Ori

                                    W.P.(C) No.36562 of 2020




02. 06.01.2021               This   matter    is   taken   up   through    video
                 conferencing.
                             Heard Ms. Sarmistha Samal, 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
                 for direction to opposite parties more particularly opposite
                 party nos.1 to 3 to take immediate steps to disburse his
                 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 Orissa Education Rules, 1974,
                 S.M.E. 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.
                             Ms. Sarmistha Samal, 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) ILRCUT-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 this order.
                   Petitioner may utilize the soft copy of this order
      available in the High Court's website or print out thereof at par
      with certified copy in the manner prescribed, vide Court's
      Notification No.4587 dated 25.3.2020.

                                              ..................................
                                               Biswanath Rath, J.

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