Mrutyunjaya Rath vs State Of Odisha & Ors
2021 Latest Caselaw 9151 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.26103 of 2021

            Mrutyunjaya Rath                       ....             Petitioner
                                                             Mr. S.K. Rath,
                                                                  Advocate
                                        -versus-

            State of Odisha & Ors.                 ....      Opposite Parties
                                                        Mr. D. Mohapatra,
                                               Additional Standing Counsel


                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

01.09.2021 Order No.

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

"It is, therefore, most humbly prayed that, this Hon'ble Court may be graciously pleased to admit this writ petition, issue RULE NISI by calling upon the Opposite Parties to show cause as to why they shall not be directed to pay the Headmaster scale of pay to the Petitioner with effect from 01.04.2008 till the date he is holding the post of Headmaster and upon failing to show-cause or showing insufficient cause, said rule be made absolute and issue a writ in the nature of mandamus directing the opposite parties to pay the petitioner Headmaster scale of pay with effect from 01.04.2008 till the date he is holding the post of Headmaster with all consequential current and arrear salary within a stipulated time.

// 2 //

2. On the selfsame issue it appears, the Petitioner has made representation vide Annexure-3, which is claimed to be pending with the Opposite Party No.1. As such the writ petition is not entertainable at this stage. However, for the pendency of the representation on the selfsame issue, the Opposite Party No.1 is directed to consider the same and pass appropriate order taking into account the pleadings in the writ application as well as the applicability of the judgments in A.I.R. 1999 S.C 838, 2008 (I)OLR 162 and further the order of this Court dated 24.04.2013 in W.P.(C) No.456 of 2013.

3. The entire exercise shall be concluded within a period of two months from the date of communication of an authenticated copy of this order along with copy of the writ petition by the Petitioner. Result thereof shall be communicated to the Petitioner within one week thereafter.

4. An extra copy of the brief be served on the learned Standing Counsel for the School & Mass Education Department for communication purpose.

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

(Biswanath Rath) Judge

A.K. Jena