WP(C)/36994/2020
2021 Latest Caselaw 67 Ori

                         W.P.(C) No.36994 of 2020




02.   04.01.2021               This   matter   is   taken   up   through    Video
                   Conferencing mode.
                               Heard learned counsel for the parties.
                               The petitioner has filed this Writ Petition seeking
                   direction to the opposite parties to allow the petitioner to
                   draw TG scale of pay for having B.A., C.P.Ed. qualification by
                   treating it as B.P.Ed. from the date of first joining on dated
                   01.04.1986 and disburse the differential arrear salary with
                   monthly revised salary on the basis of the judgment passed
                   in Niranjan Nayak Vrs. State of Orissa and others,
                   2003(II) OLR 321 and further seeking direction to opposite
                   party no.2 to finalize the representation vide Annexure-5
                   taking into consideration the letter dated 12.6.2020 and dtd.
                   20.03.2020 under Annexure-4 series within a stipulated
                   period.
                               In course of hearing, learned counsel appearing
                   for the petitioner states that highlighting the grievance, the
                   petitioner has made representation to opposite party no.2
                   vide Annexure-5 and direction may be given to consider the
                   same taking into consideration the ratio decided in Niranjan
                   Nayak (supra) within a stipulated time, to which learned
                   Additional Government Advocate has no objection.
                               In view of the aforesaid limited grievance of the
                   petitioner, this Court disposes of the Writ Petition directing
                   opposite party no.2 to take a decision on the representation
                   filed by the petitioner under Annexure-5 and pass appropriate
                   order in accordance with law taking into consideration the
                   ratio decided in Niranjan Nayak (supra) within a period of
                   three months from the date of communication of copy of this
                   order.

uks
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            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.