WP(C)/15637/2021
2021 Latest Caselaw 6124 Ori

                           W.P.(C) No.15637 of 2021




2.   07.06.2021         The matter is taken up by video conferencing mode.
                        Heard Mr. K.K. Swain, 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
                  direction to opposite parties to allow the petitioner to avail
                  the benefit of trained graduate scale of pay on attaining the
                  age of 48 years as per the ratio decided in Radharani
                  Samal vrs. State of Orissa, 2017(I) ILR-CUT-546.
                        Mr. K.K. Swain, 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 representation 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/
        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.



Ajaya
                                       ....................................

(Dr. B.R. SARANGI, J)