WP(C)/37580/2020
2021 Latest Caselaw 604 Ori

                           W.P.(C) No.37580 of 2020




02.   19.01.2021                        This   matter        is    taken    up     through   Video
                   Conferencing mode.
                                        Heard learned counsel for the parties.
                                        The writ petition involves the following prayer:
                                "Under the above circumstances, it is humbly
                      prayed that the writ petition may be allowed;
                         (a)    A writ of mandamus or an appropriate writ may be
                                issued commanding the opposite parties to allow
                                the petitioner to avail the benefit of trained
                                graduate scale of pay w.e.f. 3.12.2013, i.e. from
                                the date he acquired M.A. qualification in Sanskrit
                                i.e. w.e.f. 3.12.2013 as per the ratio decided in the
                                case of Santilata Meher Vrs. State of Odisha &
                                others,     disposed of on 30.04.2020            with
                                differential arrears.
                                                        And
                         (b)    Any other order/orders or direction/directions may
                                be issued so as to give complete relief to the
                                petitioner;
                                                And for this act of kindness, the
                                petitioners shall as in duty bound remain ever
                                pray."

                                        Looking to the prayer involved herein, this Court
                   feels    it        appropriate     to   direct     the    Commissioner-cum-
                   Secretary,           School       and     Mass     Education      Department,
                   Bhubaneswar, opposite party no.1 to treat the writ petition as
                   representation at the instance of the petitioner and take a
                   lawful decision thereon, taking into consideration the grounds
                   raised in the writ petition, the documents appended thereto
                   as well as the applicability of the ratio decided in the case of
                   Santilata Meher Vrs. State of Odisha and others,
                   (passed in W.P.(C) No.4553 of 2020, disposed of on
                   30.04.20200).
                                        The entire exercise shall be completed within a
                   period        of     one    and    half        months    from    the   date   of
                   communication of copy of this order, copy of the judgment
                   cited hereinabove, so also copy of the writ petition by the
uks
                   petitioner.
                     2




            As restrictions are continuing for COVID-19,
learned counsel 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 Notice No.4587, dated 25.03.2020.


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