Orissa High Court
Bauribandhu Nayak And vs State Of Odisha And Others on 3 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 3410 of 2022
Bauribandhu Nayak and ..... Petitioners
others
Mr. S.K. Pattnaik, Adv.
Vs.
State of Odisha and others ..... Opposite parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
03.02.2022
Order No. This matter is taken up by video conferencing mode.
01 2. Heard Mr. S.K. Pattnaik, learned counsel for the
petitioners and learned State Counsel.
3. The petitioners have filed this application seeking direction
to the opposite parties to allow them to avail the benefits of
ORSP Rules 1998 w.e.f. 01.01.1996 instead of 01.07.2006 and
ORSP Rules 2008 w.e.f. 01.01.2006 instead of 08.01.2013.
4. Learned counsel for the petitioners contended that similar
question had come up for consideration before this Court in
Prabira Kumar Biswal v. State of Orissa (OJC No. 10096 of
2001, disposed of 16.09.2010) and after due adjudication this
Court directed that the State Government to extend the benefit of
revised scale of pay, 1996 as applicable to the teachers of
comparable rank in government schools with effect from the date
the ORSP Rules came into force. Challenging, the said judgment
of this Court, State has preferred SLP (CC) No.4591 of 2012,
which was also dismissed by the apex Court on 20.04.2012.
Therefore, since the judgment of this Court dated 16.06.2010
passed in OJC No.10096 of 2001 was affirmed by the apex Court,
there is nothing remains to be decided in this case, save and
except, on the basis of the ratio decided in the said writ
application, the benefit should be extended to the petitioners.
5. Learned State Counsel contended that if such benefit has
already been extended to the petitioner in OJC No.10096 of 2001,
disposed of on 16.09.2010, which was affirmed by the apex
Court, the grievance of the petitioners should be considered in the
light of the judgment passed by this Court.
6. Considering the contention raised by learned counsel for
the parties and after going through the records, it appears that the
revised scale of pay benefit having been extended to similarly
situated person, namely, Prabira Kumar Biswal v. State of Orissa
(OJC No. 10096 of 2001, disposed of 16.09.2010), which was
affirmed by the apex Court, it is no more res integra to adjudicate
the matter afresh with regard to entitlement of the petitioner.
Therefore, the grievance of the petitioners can only be considered
in the light of the judgment of this Court in Prabira Kumar
Biswal (supra), which was affirmed by the apex Court by
dismissing the SLP on 20.04.2012.
7. In such view of the matter, the opposite parties are directed
to extend the benefit to the petitioners as due and admissible in
the light of the judgment of this Court in Prabira Kumar Biswal
(supra) by extending the revised scale of pay as applicable to the
State government employees as expeditiously as possible,
preferably within a period of six months from the date of
production of an authenticated/certified copy of this order.
8. With the above observation and direction, the writ petition
stands disposed of.
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a print out of the order available in the High Court's
website, at par with certified copy, subject to attestation by the
concerned advocate, in the manner prescribed, vide Court's
Notice No.4587 dated 25th March, 2020, as modified by Court's
notice no. 4798 dated 15th April, 2021, and Court's Office Order
circulated vide Memo Nos.514 and 515 dated 7th January, 2022.
Alok
(DR. B.R. SARANGI)
JUDGE
