Gayaram Hazra vs State Of Odisha
2021 Latest Caselaw 11612 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           WPC(OAC) NO.3955 OF 1997


            Gayaram Hazra                            ....       Petitioner(s)
                                                     Mr. M.K.Mohanty, Adv.

                                         -versus-

            State of Odisha                          ....     Opposite Party(s)
                                                            Mr. S. Mishra, SC


                      CORAM:
                      JUSTICE BISWANATH RATH
                                  ORDER

Order No.                        12.11.2021
  1.        1.      This application involves the following relief:

                                   "In view of the facts mentioned in

Paragraph-6 above, the applicant prays for the following relief(s):-

The Hon'ble Tribunal may be graciously pleased to allow the Original Application, direct the respondents to regularise the services of the applicant as Headmaster of Upendranath (U.P.) at Caumukh w.e.f. 14.11.95 and grant Headmaster scale of pay i.e. T.G. Scale of Pay from the said date and pass such other or further order or orders are deemed just and proper."

2. Taking reference to the decision in the case of "Purna Chandra Dash" Mr. Mohanty, learned counsel for the Petitioner submitted that similar writ petition has already been decided and decision therein clearly applies to the case at hand. However, copy of such judgment has not been produced before this Court by any of the parties.

// 2 //

3. In his opposition Mr. Mishra, learned Standing Counsel objecting the claim of the Petitioner and drawing the attention of this Court to the condition in the agreement made with the Petitioner more particularly to condition nos.(ii) & (iii) therein, submitted that since the Petitioner agreed at the time of appointment not to claim any additional financial benefit and also not to claim any right for the post of Headmaster in case of discharging his duties in the post of Headmaster, the Petitioner is bound by such agreement.

4. Considering the rival contentions of the parties and for no production of certified copy of the order sought to be covering the case of the Petitioner, though this Court is not inclined to grant any relief to the Petitioner at this stage, however, keeping in view the plying of condition nos.(ii) & (iii) in the offer of appointment, directs Opposite Party No.2 to examine the case of the Petitioner vis- à-vis the judgment sought to be covering the case of the Petitioner and pass appropriate order.

5. Petitioner is directed to produce a copy of the writ petition along with a copy of the judgment relied on before the competent authority i.e. Opposite Party No.2 within a period of ten working days hence. It is further directed that upon consideration of the case of the Petitioner, if it appears, the Petitioner stands on same footing, decision as appropriate be taken by extending all the benefits in favour of the Petitioner.

6. With the aforesaid direction the writ petition stands disposed of.

(Biswanath Rath) Judge

M.K.Rout