WP(C)/8187/2004
2021 Latest Caselaw 3407 Ori

                                   W.P.(C) No. 8187 of 2004




05.   08.03.2021           The    matter     is     taken   up     through     hybrid
                   arrangement (virtual/physical mode).
                           Heard Mr. R.N. Singh, learned counsel for the
                   petitioners   and   Mr.   R.P.     Mohapatra,    learned     Addl.
                   Government Advocate.
                           The petitioner has filed this application seeking
                   direction to the opposite parties to pay the UGC scale of
                   pay to him along with arrear salary from 01.08.1885 to
                   29.02.1988 within a stipulated time.
                           Mr. R.N. Singh, learned counsel appearing for the
                   petitioner contended that the claim of the petitioner with
                   regard to UGC scale of pay has already been adjudicated
                   by the apex Court in the case of State of Orissa v. Mamata
                   Mohanty, 112 (2011) CLT 46. Therefore, nothing more to be
                   decided in the present application, as the petitioner claim is
                   covered by the judgment in Mamata Mohanty (supra),
                   wherein many of the judgments have been cited and taken
                   note of and considered by the apex Court.
                           Mr. R.P. Mohapatra, learned Addl. Government
                   Advocate contended that if the petitioner claims for UGC
                   scale of pay, his case can be considered in the light of the
                   judgment of the apex Court in the case of Mamata
                   Mohanty (supra).
                           Considering     the    contention   raised   by    learned
                   counsel for the parties and after going through the records,
                   since the petitioner claims for UGC scale of pay and the
                   matter has already been settled by the apex Court in
         Mamata Mohanty mentioned supra, this writ petition
        stands disposed of directing the opposite parties to
        consider the grievance of the petitioner in the light of the
        judgment of the apex Court in the case of Mamata
        Mohanty (supra), as expeditiously as possible, preferably
        within a period of four months from the date of passing of
        the order.


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

Ashok (DR. B.R. SARANGI) JUDGE