Coram vs Unknown
2021 Latest Caselaw 6742 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P(C) No.18745 of 2021

                        CORAM:
                            DR. JUSTICE B.R. SARANGI


                                         ORDER

30.06.2021

Order No. The matter is taken up through video conferencing

mode.

Heard Mr. S. Mishra, learned counsel for the petitioner and learned Standing Counsel for School and Mass Education Department.

The petitioner has filed this writ petition seeking for direction to the opposite parties to grant his Trained Graduate Scale of Pay from the date of attaining the age of 48 years along with all consequential benefits within a stipulated period.

Mr. S. Mishra, 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 case 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 of this order.

With the aforesaid 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.

Alok DR. B.R. SARANGI,J.