WP(C)/8704/2021
2021 Latest Caselaw 3376 Ori

                               W.P.(C) No. 8704 of 2021




02.   08.03.2021         This matter is taken up through hybrid arrangement
                   (virtual/physical mode).
                         Heard Mr. P.K. Mohapatra, learned counsel for the
                   petitioner and Mr. B. Mohanty learned Standing Counsel for
                   School and Mass Education Department.
                         The petitioner has filed this writ petition seeking
                   direction to opposite parties to allow the petitioner to avail
                   the benefit of trained graduate scale of pay on attaining the
                   age of 48 years as per the ratio decided in Radharani
                   Samal vrs. State of Orissa, 2017(I) ILR-CUT-546.
                         Mr. P.K. Mohapatra, 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 representation 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.
                                     2




              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/
        communication of this order.




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

(Dr. B.R. Sarangi, J) Ajaya