WP(C)/23393/2012
2021 Latest Caselaw 3201 Ori

                                 W.P.(C) No. 23393 of 2012




07.   04.03.2021           The matter is taken up through hybrid arrangement
                   (virtual/physical mode).
                           Heard    Mr.K.K.    Das,    learned    counsel     for   the
                   petitioner and Mr. B.P. Tripathy, learned Addl. Government
                   Advocate appearing for the State opposite parties.
                           The petitioner has filed this application seeking
                   direction to the opposite parties to revise the scale of pay
                   applicable to the petitioner from time to time in terms of
                   clause-5A(1) of the government resolution.
                           Learned counsel for the petitioner 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 (CC) No.4591 of 2012, which was also
                   dismissed by the apex Court on 20.04.2012. Therefore, since
                   the judgment of this Court dated 16.06.2010 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.
                           Mr.    B.P.   Tripathy,    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
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      Court, the grievance of the petitioner should be considered
      in the light of the judgment passed by this Court.
                Considering        the   contention      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    petitioner.
      Therefore, the grievance of the petitioner 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 petitioner 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.
                Issue urgent certified copy as per rules.


                                                   ...............................

(DR. B.R. SARANGI) JUDGE

GDS