Sanjukta Satapathy vs State Of Orissa & Ors
2021 Latest Caselaw 9607 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 WPC No.26840 of 2021

            Sanjukta Satapathy                        ....                 Petitioner
                                                         Mr.S.K.Rath, Advocate

                                         -versus-
            State of Orissa & ors.                    ....      Opposite Parties
                                            Mr.D.Mohapatra, Standing Counsel

                      CORAM:
                      JUSTICE BISWANATH RATH
                                        ORDER

13.09.2021 Order No.

01. 1. Heard learned counsel appearing for the parties.

2. 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 1.1.2004 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 1.1.2004 till the date he is holding the post of Headmaster with all consequential current and arrear salary within a stipulated time."

3. On the self same issue there appears the petitioner has made representation vide Annexure-3 is pending with the Secretary, School & Mass Education Department, Bhubaneswar, opposite party No.1. As such the writ petition is not entertainable at this stage.

// 2 //

sks However, pendency of the representation on the self same issue, 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 judgment in A.I.R. 1999 SC 838, 2008(I)OLR 162 and further the decision of this Court dated 24.4.2013 in W.P.(C) No.456 of 2013. The entire exercise shall be concluded within a period of two months from the date of communication 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. A copy of the brief be served on learned Standing Counsel for the School & Mass Education Department for communication purpose.

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

(Biswanath Rath) Judge