Sudhakara Purohit vs State Of Odisha & Ors
2021 Latest Caselaw 9392 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               WP(C) NO.26399 OF 2021

            Sudhakara Purohit                         ....               Petitioner

                                                    Mr.L.K.Mohanty, Advocate

                                         -versus-


            State of Odisha & Ors.                    ....         Opposite Parties

                                                                 Mr.D.Mohapatra,
                                                                 Standing Counsel

                      CORAM:
                      JUSTICE BISWANATH RATH
                                        ORDER

8.9.2021

Order No.

1. This Writ Petition involves the following prayer:

"It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opp.parties calling upon them to file show cause as to why direction shall not be issued to the opp.parties to grant trained scale to the petitioner with effect from 3.1.2019 as per the decision of this Hon'ble Court rendered in Radharani Samal Vrs. State of Orissa and others, reported in 2017(I) ILR-CUT-546. The arrear as due and admissible may kindly be released in favour of the petitioner within a date to be fixed by this Hon'ble court.."

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, 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).

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3. Learned Standing Counsel for the School and Mass Education Department admits the contentions raised by the 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 period of delay and the interest component shall be recovered from the person responsible for such delay.

(Biswanath Rath) Judge M.K.Rout