Dillipa Kumar Das vs State Of Odisha And Ors
2021 Latest Caselaw 10155 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.28965 of 2021

            Dillipa Kumar Das                         ....             Petitioner
                                                            Mr. Jyotirmay Gupta,
                                                                       Advocate
                                        -versus-

            State of Odisha and Ors.                  ....           Opp. Parties
                                                               Mr. D. Mohapatra,
                                                   Standing Counsel for S.&. M.E.

                     CORAM:
                     JUSTICE BISWANATH RATH
                                        ORDER

23.09.2021 Order No.

01. 1. This writ petition involves the following prayer:

"The petitioner therefore humble prays that the Hon'ble Court may be graciously pleased to admit this case, issue notice to the Opp. Parties for show cause and after hearing both the sides may be pleased to issue a writ of mandamus/certiorari by directing the opposite parties particularly to O.P. Nos.2 to 3 to take immediate steps to disburse the differential arrear salary as well as the current monthly salary in trained graduate Scale of Pay from the date of attaining the age of 48 years on the basis of the S.M.E. Department. Resolution dated 18.02.2008 and Letter No.6259 dt.16.04.2010 as well as the Letter No.1772 dt. 11.01.2011 of the Director of Secondary Education, Odisha and the Rules vide Annexure 4, 5 & as well as order passed in the case of Radharani Samal Vs. State of Odisha & Ors reported in (2017 (I) ILR-CUT-546 as well as the order dated 30.04.2019 in W.A. No.176 of 2017 by quashing the illegal order of the present O.P. No.1 vide Annexure-9 within a stipulated period with cost.

Further be pleased to pass any other order(s)/direction(s) which this Hon'ble Court thinks fit and proper to this case within a stipulated period.

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And for which act of your kindness, the petitioner as in duty bound shall every pray."

2. Learned counsel for the petitioner contended that similar question has already been adjudicated by the learned Single Judge in Radharani Samal -Vrs- State of Orissa, reported in 2017(I) ILR- CUT-546, which has been affirmed by the Division Bench of this Court by dismissing Writ Appeal No.176 of 2017 preferred by the State vide order dated 30.04.2019. Therefore, the case of the petitioner is squarely covered by the judgment passed by this Court in Radharani Samal (supra).

3. Learned Standing Counsel for School and Mass Education Department admits the contentions raised by learned counsel for the petitioner. He contended that direction may be issued to consider the case of the petitioner in the light of judgment passed by this Court in Radharani Samal (supra), which has been affirmed by the Division Bench of this Court vide order dated 30.04.2019 by dismissing Writ Appeal No.176 of 2017 preferred by the State.

4. Considering the contentions raised by learned counsel for the parties and after going through the records, this Court disposes of the writ petition directing the opposite parties to consider the case of the petitioner in the light of the ratio decided by this Court in Radharani Samal (supra) as expeditiously as possible preferably within a period of two months from the date of communication of copy of this order by the petitioner but however taking care of the direction of this Court dated 03.11.2020, passed in W.P.(C) No.22706 of 2020. In the event payment involving petitioner is not released within two months, it shall carry interest @7% per annum for the

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period of delay and the interest component shall be recovered from the person responsible for such delay.

5. Writ Petition thus stands disposed of.

(Biswanath Rath) Judge

SKS