WP(C)/38794/2020
2021 Latest Caselaw 809 Ori

                           W.P.(C) No. 38794 of 2020




02.   25.01.2021        This matter is taken up through video conferencing.
                        Heard Mr. P. Panda, learned counsel for the petitioner
                   and Mr. B. Satpathy learned Standing Counsel for School
                   and Mass Education Department.
                        The petitioner has filed this writ petition seeking
                   direction to opposite parties no. 2 & 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 i.e. from
                   26.08.2011 as per the decision in Radharani Samal vrs.
                   State of Orissa, 2017(I) ILR-CUT-546.
                        Mr. P. Panda, learned counsel for the 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 Bench of this Court vide order dated 30.04.2019 by
                                       2




        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 production/
        communication of this order.
                 As the restrictions due to the COVID-19 situation are
        continuing, learned counsel for the parties 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 25th
        March, 2020.




                                          ..................................

(Dr. B.R. Sarangi, J)

Ajaya