Orissa High Court
2 31.03.2021 The Matter Is Taken Up ... vs Standing Counsel For The State on 31 March, 2021
W.P.(C) No.7511 OF 2021
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2 31.03.2021 The matter is taken up through hybrid arrangement
(virtual/physical mode).
Heard Mr. S.N. Sharma, learned counsel for the
petitioner and Mr. D.K. Mohanty, learned Additional
Standing Counsel for the State opposite parties.
The petitioner has filed this writ petition seeking
direction to opposite parties no.1 and 2 to modify the
condition indicated at paragraph-1 of the G.O.
No.29357/HE dated 10.12.2019 under Annexure-3 and
the condition indicated at paragraph-2 of the office order
no.7916/HE dated 17.02.2020 and release the differential
arrear salary from the respective date of promotion of the
petitioner to the post of U.D. Clerk and Head Clerk in
accordance with the direction of the State Education
Tribunal, Odisha vide judgment dated 26.03.2013 under
Annexure-2.
Mr. S.N. Sharma, learned counsel for the petitioner
contended that earlier the petitioner had approached this
Court by filing OJC No.14413 of 1990, which was disposed
of on 05.02.2004 directing opposite party no.2 to consider
the proposal made by the Principal and dispose of the
same in accordance with law on its own merit within a
period of three months from the date of communication of
the order. In compliance thereof, opposite party no.2 vide
order dated 18.06.2005 rejected the claim of the
petitioner. Challenging the said order, the petitioner filed
GIA Case No.271 of 2011 in the State Education Tribunal,
Odisha and the Tribunal vide judgment dated 26.03.2013
allowed the GIA case directing opposite parties no.1 and 2
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to approve the promotion of the petitioner as U.D. Clerk
w.e.f. 01.06.1988 and Head Clerk w.e.f. 01.06.1990 and
release grant-in-aid in the promotional posts since those
dates along with the differential salary components within
a period of four months from the date of communication
of this order. It is contended that the opposite party State
challenged the judgment dated 26.03.2013 passed in GIA
Case No.271 of 2011 by filing FAO No.86 of 2015, which
was also dismissed on 10.08.2016. Against the said order,
the State preferred SLP (C) CC No.5280 of 2017, wherein
the petitioner was not issued with notice and the said case
was dismissed at the stage of admission. Thereby, the
order dated 26.03.2013 passed by the State Education
Tribunal in GIA Case No.271 of 2011 has been confirmed.
Now, the petitioner has only grievance to get his arrear
salary and thereby the order should be modified to that
extent.
Mr. D.K. Mohanty, learned Additional Standing
Counsel for the State opposite parties contended that if
the judgment of the State Education Tribunal has been
confirmed by the apex Court, this Court cannot modify the
same by way of this writ petition.
Having heard learned counsel for the parties,
admittedly the order passed by the State Education
Tribunal, Bhubaneswar has been confirmed by the apex
Court by dismissing the SLP. Thereby, this Court has no
jurisdiction to entertain this writ petition at the stage. If
the petitioner claims for any arrear salary which is
incidental to the benefit of grant-in-aid, he has to
approach the State Education Tribunal, Bhubaneswar for
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computation of such benefit. Instead of approaching the
Tribunal, the petitioner has filed this writ petition for
modification of order. Thereby, this Court disposes of this
writ petition granting liberty to the petitioner to pursue his
remedy before the appropriate forum.
Issue urgent certified copy as per rules.
...........................
Alok
(DR. B.R. SARANGI)
JUDGE
