2 11.06.2021 This Matter Is Taken ... vs Unknown
2021 Latest Caselaw 6333 Ori

                                      W.P.(C) No. 16156 of 2021




02   11.06.2021         This matter is taken up through video conferencing.
                        Heard learned counsel for the parties.
                        The petitioner has filed this writ petition seeking direction to
                  the opposite parties to allow the petitioner to draw TG scale of pay
                  for having B.A., C.P.Ed. qualification by treating it as B.P.Ed. from
                  the date of first joining on dated 01.04.1986 and disburse the
                  differential arrear salary with monthly revised salary on the basis of
                  the judgment passed in Niranjan Nayak Vrs. State of Orissa and
                  others, 2003(II) OLR 321 taking into consideration the letter dated
                  12.06.2020 and dated 20.03.2020 under Annexure-3 & 4 Series
                  respectively to the writ application within stipulated period.
                        In course of hearing, learned counsel appearing for the
                  petitioner states that highlighting the grievance, the petitioner has
                  made representation to opposite party no.3 vide Annexure-5 and
                  direction   may     be   given   to   consider   the   same   taking   into
                  consideration the ratio decided in Niranjan Nayak (supra) within a
                  stipulated time, to which learned Additional Government Advocate
                  has no objection.
                        In view of the aforesaid limited grievance of the petitioner,
                  this Court disposes of the writ petition directing opposite party no.3
                  to take a decision on the representation filed by the petitioner under
                  Annexure-5 and pass appropriate order in accordance with law
                  taking into consideration the ratio decided in Niranjan Nayak
                  (supra) as well as Annexure-3 series within a period of three months
                  from the date of communication of copy 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)