Orissa High Court
Kokila Chandra Mahanta vs State Of Odisha & Ors on 13 July, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OAC) No. 3611 of 2013
Kokila Chandra Mahanta ..... Petitioner
Mr. P.K. Acharya, Adv.
-Versus-
State of Odisha & Ors.
..... Opposite Parties
Mr. S. Jena, learned Standing Counsel
for S. & M.E. Department
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
13.07.2021
Order No. This matter is taken up through video conferencing.
02.
Heard learned counsel for the parties.
The petitioner has filed this writ petition seeking direction to
opposite parties to allow him the benefits in T.B.A. scale of pay from
13.08.2001, 2nd ACP from 13.08.2011 respectively by counting his service
from 13.08.1986, the date of initial approval and also grant differential
arrears within a stipulated date.
Learned counsel for the petitioner contended that the claims of the
petitioner have not been considered in proper perspective.
Mr. S. Jena, learned Standing Counsel for School and Mass
Education Department referring to the counter affidavit vehemently
contended that the petitioner is not entitled to the benefit as claimed in
this petition, therefore, the order so passed is well justified.
Considering the contentions raised by learned counsel for the
parties, admittedly, the petitioner was appointed as PET Teacher
(IACPEd.) in Patsanipur New Govt. High School pursuant to appointment
order dated 11.08.1986. Consequentially, he joined in the post on
13.08.1986 and has been discharging his duty. The post of the petitioner
was approved by the District Education Officer Baripada on 06.06.1990.
Consequentially, he came under the grant-in-aid fold to receive the salary.
The petitioner has completed 15 years of service in his post from the date
of his appointment w.e.f. 11.08.1986, but the Time Bound Advancement
Scale of Pay was given to him from the date of his approval, not from the
date of his appointment. Therefore, this application has been filed.
As it appears, the claim of the petitioner is covered by the
judgment of this Court in Bairagi Charan Sahoo v. State of Orissa and
Others (W.P.(C) No. 6044 of 2012, disposed of on 17.02.2021), wherein
reference was made to the judgment of this Court in Balabhadra
Sarangi v. State of Orissa, 2003 (I) OLR 24. Needless to say that this
Court extended the benefit of TBA Scale of pay to Balabhadra Sarangi by
counting his 15 years of service from the date of his appointment and this
Court placed reliance on the judgments of this Court in Bata Krishna
Sahu v. State of Orissa (OJC No. 115 of 1992 disposed of on
05.05.1994), Sanatah Barik v. State of Orissa (OJC No. 124 of 1992
disposed of on 02.05.1995), Karunakar Biswal v. State of Orissa, 82
(1996) CLT 666 and Jyostna Mayee Behera v. State of Orissa, 2000 (II)
OLR 544. This Court in Balabhadra Sarangi (supra) has taken note of all
the above judgments in paragraph-4 of the judgment. Referring to the
same, the benefit has already been extended to one Bairagi Charan
Sahoo mentioned supra. Therefore, the petitioner's case is covered by
Bairagi Charan Sahoo (supra) and Jasobanta Mohanty vs. State of
Orissa and others, 122 (2016) CLT 661 : 2016 (II) ILR-CUT-384.
In view of such position, the claim of the petitioner no more
remains res integra. Accordingly, the writ petition is allowed. The opposite
parties are directed to extend all the benefits to the petitioner in terms of
the judgments mentioned supra as expeditiously as possible, preferably
within a period of three months from the date of communication of this
order.
As the restrictions due to resurgence of COVID-19 situation are
continuing, learned counsel for the parties may utilize a printout 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.
A.K. Rana
(DR. B.R. SARANGI)
JUDGE
