2 18.03.2021 The Matter Is Taken Up ... vs The Petitioner Has Filed This Writ ...
2021 Latest Caselaw 3834 Ori

                                 W.P.(C) No. 9742 of 2021
                                               1




2   18.03.2021          The matter is taken up through video conferencing mode.
                        Heard Mr. S.S. Patra, learned counsel for the petitioner.
                        The petitioner has filed this writ petition seeking direction
                 to the opposite parties to grant the entitled revised differential
                 arrear salary of the petitioner w.e.f. 01.01.2016 to 30.09.2017
                 in terms of Rule-9 of the 1974 Rules and following the
                 principles of law laid down in the case of Smt. Dipti Roy v.
                 State of Orissa and others, 2004 (II) OLR 718.
                        Mr. S.S. Patra, learned counsel for the petitioner submits that
                 as per the aforesaid resolution though benefits have been extended to
                 the petitioner from 01.10.2017, but he is entitled to such benefits
                 with effect from 01.01.2016 to September, 2017, since the scale of
                 pay has been fixed notionally for the said period. In course of
                 hearing, learned counsel for the petitioner states that though the
                 petitioner has made grievance to opposite party no.2 vide Annexure-
                 2, but no decision has yet been taken. Therefore, the same may be
                 considered in the light of the judgment passed by this Court in Smt.
                 Dipti Roy v. State of Orissa and others, 2004 (II) OLR 718 and
                 Bijay Ketan Khatua v. State of Orissa and others, 2015(I) OLR
                 452.
                        Considering the limited grievance of the petitioner, without
                 expressing any opinion on the merits of the case, this Court disposes
                 of this writ petition directing opposite party no.2 to take a decision on
                 the representation vide Annexure-2 in the light of the judgments in
                 Smt. Dipti Roy and Bijay Ketan Khatua (supra) and pass
                 appropriate order in accordance with law within a period of three
                 months from the date of production of certified copy this order.


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

Alok Dr. B.R. Sarangi,J