Sadanada Pradhan vs State Of Odisha & Ors
2021 Latest Caselaw 9153 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.26059 of 2021

            Sadanada Pradhan                        ....           Petitioner
                                                         Mr. M.K. Mohanty,
                                                                  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:

"The Petitioner most respectfully prays that the Hon'ble Court may be graciously pleased to allow the writ petition, issue writ or direction in the nature of mandamus or any other appropriate writ or direction to the Opposite Parties to pay the Headmaster scale of pay from 10.03.1997 till date and Charge allowance from 01.06.1994 to 09.03.1997 and accordingly grant consequential arrear salary and financial benefits accrued out of the same and pass such other or further order or orders as are deemed just and proper."

2. Considering the rival submissions of the parties, this Court finds, on the selfsame issue the Petitioner has made representation vide Annexure-4, which is pending with the Opposite Party No.3. As such the writ petition is not entertainable at this stage. However, due to pendency of the representation on the selfsame issue, Opposite

// 2 //

Party No.3 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 Standing 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