2 27.01.2021 The Matter Is Taken Up ... vs The Petitioners Have Filed This ...
2021 Latest Caselaw 875 Ori

                                W.P.(C) No. 37932 of 2020
                                              1




2   27.01.2021          The matter is taken up through video conferencing mode.
                        Heard Mr. S.S. Patra, learned counsel for the petitioners.
                       The petitioners have filed this writ petition seeking
                 direction to the opposite parties to release the differential arrear
                 salary of the petitioners w.e.f. 01.01.2016 to 30.09.2017 in
                 terms of Rule-9 of the 1974 Rules and following the principles
                 of law laid down in the case of Smt. Dipti Roy v. State of
                 Orissa and others, 2004 (II) OLR 718 and Bijay Ketan Khatua
                 v. State of Orissa and others, 2015(I) OLR 452 within a
                 stipulated period.
                       Mr. S.S. Patra, learned counsel for the petitioners submits that
                 as per the aforesaid resolution though benefits have been extended to
                 the petitioners from 01.10.2017, but they are entitled to such
                 benefits with effect from 01.01.2016 to September, 2017, since the
                 scale of pay has been fixed notionally for the said period. In course of
                 hearing, learned counsel for the petitioners states that though the
                 grievance of the petitioners have been recommended by the
                 Headmaster (I/C), Patarani High School,Tahalia, Balasore to opposite
                 party no.2 vide Annexure-2, but no decision has yet been taken.
                 Therefore, the same may be considered in the light of the judgment
                 passed by this Court in Smt. Dipti Roy v. State of Orissa and
                 others, 2004 (II) OLR 718 and Bijay Ketan Khatua v. State of
                 Orissa and others, 2015(I) OLR 452.
                        Considering the limited grievance of the petitioner, without
                 expressing any opinion on the merits of the case, this Court disposes
                 of this writ petition directing opposite party no.2 to take a decision on
                 the recommendation made by the Headmaster (I/C), Patarani High
                 School, Tahalia, Balasore vide Annexure-2 in the light of the
                 judgments in Smt. Dipti Roy and Bijay Ketan Khatua (supra) and
                 pass appropriate order in accordance with law within a period of
                 three months from the date of production of certified copy this order.


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Alok Dr. B.R. Sarangi,J