WP(C)/3983/2011
2021 Latest Caselaw 3411 Ori

                                 W.P.(C) No. 3983 of 2011




04.   08.03.2021         The matter is taken up through hybrid arrangement
                   (virtual/physical mode).
                         The petitioner has filed this writ petition seeking direction
                   to the opposite parties to allow him to avail Headmaster Scale
                   of Pay with effect from the date he acquired 7 years of teaching
                   experience as a Trained Graduate Teacher and extend all
                   service and consequential benefits.
                         Mr. S.P. Das-A, learned counsel for the petitioner submits
                   that similar question has been considered by this Court and
                   thereafter the apex Court has made it confirmed in Pabitra
                   Mohan Das etc. v. State of Orissa & Ors, AIR 2001 SC 560.
                   In view of the law decided by the apex Court, there is no need
                   for further adjudication of the matter. Therefore, the writ
                   petition may be disposed of in the light of judgment passed in
                   Pabitra Mohan Das etc (supra).
                         Mr. S. Jena, learned Standing Counsel for School and
                   Mass Education Department submits that since the petitioner
                   claims for headmaster scale of pay, the same can be considered
                   in the light of judgment passed in Pabitra Mohan Das etc
                   (supra).
                         Considering the contention raised by learned counsel for
                   the parties and on perusing the records, this Court disposes of
                   the writ petition with the direction to the opposite parties to
                   consider the case of the petitioner in the light of judgment
                   passed in Pabitra Mohan Das (supra) and pass appropriate
                   order in accordance with law within a period of three months
                   from the date of receipt of this order.


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

Ashok (DR. B.R. SARANGI) JUDGE