Orissa High Court
Bhramarabara Sahoo vs State Of Odisha And Others on 1 July, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15338 of 2021
Bhramarabara Sahoo ..... Petitioner
Mr. D.P. Dash, Advocate
Vs.
State of Odisha and others ..... Opposite parties
Standing Counsel S&ME
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
01.07.2021
Order No. This matter is taken up by video conferencing mode.
Heard Mr. D.P. Dash, learned counsel for the petitioner
and Mr. B. Mohanty, learned Standing Counsel for School and
Mass Education Department.
The petitioner has filed this writ petition seeking for
direction to the opposite parties to take immediate steps to
disburse the 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 on the basis of School
and Mass Education Department Resolution dated 18.02.2008
and letter No.6259 dated 16.04.2010 as well as letter
No.1772 dated 11.01.2011 of Director, Secondary Education,
Odisha and the rules framed thereunder within a stipulated
period.
Mr. D.P. Dash, 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).
Mr. B. Mohanty, 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
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 of authenticated copy of
this order.
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a print out of the order available in the High Court's
website, at par with certified copy, subject to attestation by
the concerned advocate, in the manner prescribed, vide
Court's Notice No.4587 dated 25th March, 2020, as modified
by Court's notice no. 4798 dated 15th April, 2021.
Ajaya
(DR. B.R. SARANGI,J.)
