2 22.01.2021 This Matter Is Taken ... vs Unknown
2021 Latest Caselaw 763 Ori

           W.P.(        C.M.P.
                            W.P.(C)
                               No.1360
                                    No.1650
                                       of 2015
                                             of 2021




2   22.01.2021         This matter is taken up through Video conferencing.
                       Heard      Sri B.Routrary, learned senior counsel for the
                   petitioner and Sri B.Mohanty, learned Standing Counsel for the
                   School & Mass Education Department.
                         Sri Routray, learned senior counsel          appearing for the
                   petitioner drawing the attention of this Court through the judgment
                   of the State Administrative Tribunal       in disposal of a batch of
                   Original Applications along with Original Application No.2954 (C)
                   of 2015 and taking this Court to the end of the observation of the
                   Tribunal at page 47 of the brief submitted the            Tribunal while
                   quashing the     order of cancellation of appointment involving the
                   petitioner and others directed for issuing fresh order of
                   appointment but for the subsequent observation of the Tribunal,
                   the Tribunal has clearly granted relief of notional benefit till the
                   date of their actual joining and discharging duty of the post. It is
                   also stated that this matter being challenged in this High Court,
                   the said challenge has come to an end with the dismissal of the
                   matter in disposal of W.P.(C).No.17990 of 2018 finds place at
                   page 48 to 54 of the brief.          Referring to the document at
                   Annexure-5, Sri Routray, learned senior counsel appearing for
                   the petitioner submitted that even though there has been fresh
                   appointment order issued in favour of the petitioner on 21.6.2019,
                   but so far as working out of the notional benefit direction of the
                   Tribunal, there has been no grant of notional benefit in favour of
                   the petitioner as clearly appearing through Annexure-5 and there
                   is no full consideration of the case of the petitioner.
                         For the submission of Sri Routray, learned senior counsel,
                   since the petitioner was appointed on 11.6.2015 and cancellation
                   order came 6 months after been set aside with direction for grant
                   of notional benefit, the petitioner ought to have provided with
                   notional benefit from the date of appointment and not as per the
                   entitlements as disclosed in Annexure-5. Even though this aspect
                          -2-




       is clearly borne through the materials produced herein, Sri B.
       Mohanty, learned Standing Counsel for School & Mass Education
       Department seeks some time to take instruction.
               Considering the same, this Court grants two weeks time to
       Sri Mohanty, learned Standing Counsel for the School & Mass
       Education Department to take instruction and respond as to
       whether the petitioner is entitled to the notional benefit from the
       date of initial engagement or not? keeping in view the judgment
       of the Tribunal being confirmed by the High Court in the aforesaid
       matters.
             Since W.P.(C).Nos.1684, 1685, 1686, 1687 of 2021             are
       standing on similar footing,    Registry is directed to place this
       matter on 10.02.2021 along with the aforesaid connected cases
       listed today.
           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.
                                                                      .

sks BISWANATH RATH,J