Basudev Barik & Others vs Utkal University & Others
2021 Latest Caselaw 11332 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C). No.2633 of 2002

            Basudev Barik & Others                ....                       Petitioners
                                                          Mr.S.K.Mishra, Advocate

                                              -versus-

            Utkal University & Others.            ....                 Opposite Parties
                                                                Mr.K.P.Nanda, Advocate


                     CORAM:
                     JUSTICE BISWANATH RATH
                                          ORDER

05.11.2021 Order No.

5. 1. Heard Mr.Mishra, learned counsel on behalf of the petitioner and Mr.Nanda, learned counsel appearing for the opposite parties.

2. This writ petition involves the following prayer:

"It is, therefore, prayed that this Hon'ble Court be graciously pleased to issue notice to the opposite parties to show cause why the order under annexure-5 series shall not be quashed and upon hearing the parties issue

(i) a writ in the nature of mandamus/certiorari quashing the order under annexure-5 series as arbitrary, malafide and illegal.

(ii) a writ in the nature of mandamus directing the opp. parties to provide the petitioner scale of pay of Rs.4750- 125-7500/- with effect from 1.1.96 as he is entitled to that in view of the Orissa Universities revised scale of pay Rules.

(iii) issue such other writ/order(s) as the Hon'ble Court may deem appropriate in the circumstances of the case."

3. At the threshold of the matter, both the parties jointly submitted that similar matters being heard by a Single Bench of this Court bearing W.P.(C).No.2050 of 2003 to W.P.(C).No.2052 of 2003 and

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W.P.(C). No.4180 of 2003, this Court interfering in the similar set of order was pleased to set aside the order impugned therein and thus the decision is squarely applies to the case at hand. For there is no dispute applying the decision of this Court in W.P.(C).No.2050 of 2003 to W.P.(C).No.2052 of 2003 and W.P.(C). No.4180 of 2003 here, keeping in view admissin of both parties this Court finds this case is also covered by the judgment mentioned hereinabove and the direction therein is squarely applicable to the case at hand.

4. Accordingly, this Court interfering in the order at Annexure-5 series sets aside the same. Amount, if any, already paid to the petitioner is to be treated to have been legally paid.

5. With this direction, the writ petition stands disposed of.

(Biswanath Rath) Judge

Sks