Jayakrushna Barik vs State Of Odisha & Ors
2021 Latest Caselaw 9152 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.26310 of 2021

            Jayakrushna Barik                         ....           Petitioner
                                                             Mr. S.K. Mishra,
                                                                    Advocate
                                          -versus-
            State of Odisha & Ors.                    ....      Opposite Parties
                                                            Mr. D. Mohapatra,
                                                             Standing Counsel

                      CORAM:
                      JUSTICE BISWANATH RATH
                                        ORDER

1.09.2021 Order No.

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

"It is therefore, most humbly prayed that this Hon'ble Court may be graciously pleased to:

                          i)       Admit the writ application;
                          ii)      Call for the records;
                          iii)     issue a writ or direction in the nature of

mandamus or any other appropriate writ or direction to the Opp. Parties to pay the Headmaster Scale of Pay to the petitioner w.e.f. 01.03.1988 to 20.11.2011 as he is holding the post of Headmaster of Panchanan High School, Badakhuri in the district of Balasore with all consequential financial and service benefits accrued out of the same taking into consideration the judgment passed in RVWPET No.255 of 2013 (State of Odisha & others Vrs. Purna Chandra Chand) decided on 31.05.2021 by this Hon'ble Court."

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2. Considering the rival submissions of the parties, this Court finds, on the selfsame issue it appears the Petitioner has made representation vide Annexure-4, which is pending with the Director Secondary Education, Odisha, Bhubaneswar-Opposite Party No.2. As such the writ petition is not entertainable at this stage. However, due to pendency of the representation on the selfsame issue, Opposite Party No.2 is directed to consider the representation at the instance of the Petitioner vide Annexure-4 taking into consideration the applicability of the judgment in RVWPET No.255 of 2013 (State of Odisha & Ors. Vrs. Purna Chandra Chand) which was also followed by this Court in W.P.(C) No.18757 of 2021 disposed of on 1.07.2021.

3. The entire exercise shall be concluded within a period of two months from the date of communication of a certified copy of this order alongwith a copy of the order indicated hereinabove by the Petitioner. An extra copy of the brief be served on Mr. Mohapatra, learned counsel for the School & Mass Education Department for communication purpose.

4. With the aforesaid observation and direction the writ petition is disposed of.

(Biswanath Rath) Judge

A.K. Jena