2 07.01.2021 This Matter Is Taken ... vs School & Mass Education ...
2021 Latest Caselaw 254 Ori

                 W.P.(        C.M.P.
                                  W.P.(C)
                                     No.1360
                                          No.34091
                                             of 2015of 2020




2   07.01.2021               This     matter    is   taken    up        through   Video
                         Conferencing.
                                    Heard Mr.D.N.Rath, learned counsel for the
                         petitioner and Mr.Satpathy, learned Standing Counsel for
                         School & Mass Education Department.
                                    The petitioner has filed this writ petition
                         seeking for direction to opposite parties to release the
                         differential arrear salary as well as the current monthly
                         salary in trained graduate scale from 21.12.2013 as has
                         been given to other similarly situated persons and in the
                         light of the judgment in the case of Radharani Samal
                         Vrs. State of Orissa & others, reported in 2017(1)ILR-
                         CUT-546, which has been affirmed by this Hon'ble Court
                         in Writ Appeal No.176/ 2017 and the Hon'ble Supreme
                         Court in SLP(C)No. 22314/2019.
                                    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).
                                    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
                          -2-




      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 party nos.1 to 3 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 7% interest for the
      period of delay and the interest component shall be
      recovered from the person responsible for such delay.
          As restrictions are continuing for Covid-19, petitioner may
      utilize the soft copy of this order available in the High Court's
      Website or print out thereof at par with certified copies in the
      manner prescribed vide Court's Notification No.4587 dated
      25.3.2020.



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

Biswanath Rath,J

sks