Coram vs Unknown
2021 Latest Caselaw 6705 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 18567 of 2021

                          CORAM:
                              DR. JUSTICE B.R. SARANGI


                                           ORDER

29.06.2021

Order No. This matter is taken up through video conferencing.

2. Heard Mr. K. Swain, learned counsel for the petitioners and learned Addl. Government Advocate.

The petitioners have filed this writ petition seeking direction to the opposite parties to avail the benefits to avail the benefits of ORSP Rules 1998 w.e.f. 01.01.1996 instead of 01.07.2006 and ORSP Rules, 2008 w.e.f. 01.01.2006 instead of 08.01.2013.

Mr. K. Swain, learned counsel for the petitioners contended that similar question had come up for consideration before this Court in Prabira Kumar Biswal v. State of Orissa (OJC No. 10096 of 2001, disposed of 16.09.2010) and after due adjudication this Court directed that the State Government to extend the benefit of revised scale of pay, 1996 as applicable to the teachers of comparable rank in government schools with effect from the date the ORSP Rules came into force. Challenging, the said judgment of this Court, State has preferred SLP (C) No.4591 of 2012, which was also dismissed by the apex Court on 20.04.2012. Therefore, since the judgment of this Court dated 16.09.2010 passed in OJC No.10096 of 2001 was affirmed by the apex Court, there is nothing remains to be decided in this case, save and except, on the basis of the ratio decided in the said writ application, the benefit should be extended to the petitioner.

Learned Addl. Government Advocate contended that if such benefit has already been extended to the petitioner in OJC No.10096 of 2001, disposed of on 16.09.2010, which was affirmed by the apex Court, the grievance of the petitioners should be considered in the light of the judgment passed by this Court.

Considering the contentions raised by learned counsel for the parties and after going through the records, it appears that the revised scale of pay benefit having been extended to similarly situated person, namely, Prabira Kumar Biswal v. State of Orissa (OJC No. 10096 of 2001, disposed of 16.09.2010), which was affirmed by the apex Court, it is no more res integra to adjudicate the matter afresh with regard to entitlement of the petitioners. Therefore, the grievance of the petitioners can only be considered in the light of the judgment of this Court in Prabira Kumar Biswal (supra), which was affirmed by the apex Court by dismissing the SLP on 20.04.2012.

In such view of the matter, the opposite parties are directed to extend the benefit to the petitioners as due and admissible in the light of the judgment of this Court in Prabira Kumar Biswal (supra) by extending the revised scale of pay as applicable to the State government employees as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order.

With the above observation and direction, the writ petition stands disposed of.

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.

                                                  (DR. B.R. SARANGI)
Ajaya                                                   JUDGE