WP(C)/1178/2021
2021 Latest Caselaw 530 Ori

                         W.P.(C) No.1178 of 2021




2.   15.01.2021         This matter is taken up through Video Conferencing.
                        Heard learned counsel for petitioner and learned
                  Standing Counsel for the School & Mass Education
                  Department.
                        Petitioner has filed this Writ Petition seeking for a
                  direction to O.Ps.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 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.
                        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) 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 the 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
                                 2




       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 the 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.
                As restrictions are still continuing due to COVID-19,
       petitioner(s) may utilise 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