Coram vs Considering The Contentions ...
2021 Latest Caselaw 6704 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                          W.P.(C) No.18425 of 2021

                             CORAM:
                                 DR. JUSTICE B.R. SARANGI

                                                      ORDER

29.06.2021

Order No. This matter is taken up by video conferencing mode. 02 Heard Mr. B. Routray, learned Senior Counsel appearing along with Mr. S.D.

Routray, learned counsel for the petitioner and Mr. B. Mohanty, learned Standing Counsel for the School and Mass Education Department through video conferencing mode.

The petitioner has filed this application claiming B.A., C.P.Ed. scale of pay treating it as B.P.Ed. with effect from the date he acquired requisite qualification and give all the consequential service benefits pursuant to the law laid down by this Court in the case of Niranjan Nayak and another v. State of Orissa and others, 2003(II) OLR 321.

Mr. B. Routray, learned Senior Counsel for the petitioner submits that the claim of the petitioner is squarely covered by the judgment of this Court reported in the case of Niranjan Nayak and another v. State of Orissa and others, 2003(II) OLR 321.

Considering the contentions raised by the parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition directing opposite parties no.2 and 4 to verify as to whether the petitioner has requisite qualification for getting B.A., C.P.Ed. scale of pay or not. On verification, if the petitioner is found to be entitled to the said scale of pay by applying the ratio decided in Niranjan Nayak case (supra), the same shall be allowed in favour of the petitioner and the differential arrear salary shall be calculated and paid to the petitioner, as expeditiously as possible preferably within a period of six months from the date of communication/production of authenticated copy 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.

Ashok (DR. B.R. SARANGI) JUDGE