WP(C)/35368/2020
2021 Latest Caselaw 192 Ori

                                      W.P.(C) No.35368 of 2020




02. 06.01.2021                This    matter    is   taken     up   through    video
                 conferencing.
                              Heard learned counsel for the parties.
                              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 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 i.e. from 02.05.2014 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 vide Annexures-4, 5, 6, 8 & 9 series as well
                 as order passed in the case of Radharani Samal v. State of
                 Orissa, 2017 (I) ILR-546.
                              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).
                              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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