Unknown vs Bench Of This Court Vide Order ...
2021 Latest Caselaw 400 Ori

                            W.P.(C) No.361 of 2021




2.   12.01.2021         This matter is taken up through Video Conferencing.
                        Heard the submissions of learned counsel for petitioner
                  and learned Standing Counsel for the School and Mass
                  Education Department.
                        The petitioner has filed this Writ Petition seeking for
                  direction to opposite party nos.2 & 3 to take immediate steps
                  to disburse the differential arrear salary as well as current
                  monthly salary in Trained Graduate scale of pay to the
                  petitioner from the date of attaining the age of 48 years, on
                  the basis of the S.M.E. Dept. Resolution dated 18.02.2008
                  and Letter No.6259 dt.16.04.2010 as well as the Letter
                  No.1772   dt.11.01.2011    of   the   Director   of   Secondary
                  Education, Odisha and the Rules as well as order passed in
                  the case of Radharani Samal Vs. State of Odisha &
                  others, reported in 2017 (I) ILR-CUT-546, within a stipulated
                  period.
                        Learned counsel for 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 by the Division
                                   2




       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 communication of copy of this order
       by the petitioner.
              The Writ Petition thus stands disposed of.
              As   restrictions   are   continuing   due   to   Covid-19,
       petitioner(s) 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.)

Ayas