Mamata Dikshit vs State Of Odisha And Ors
2022 Latest Caselaw 1415 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.608 of 2022
            Mamata Dikshit                          ....            Petitioner
                                              Mr. Anup Udaya Senapati, Adv.
                                          -versus-
            State of Odisha and Ors.                ....     Opposite Parties
                                                   Mr. Biswajit Mohanty, SC
                                                           (for SME Deptt.)
                        CORAM:
                        MR. JUSTICE S.K. PANIGRAHI
                                    ORDER

Order No. 17.02.2022

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The present petitioner who is working as Hindi Teacher in Indira Ucha Balika Vidyalaya, Harishpur, District-Puri, has filed this writ petition seeking for a direction to the opposite parties to grant her trained scale of pay from the date of attaining the age of 48 years i.e. from 18.07.2016 as per the Government Resolution dated 18.02.2008 issued by the Government of Odisha, School and Mass Education Department in confirmative with Rule-16(2) of Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institution) Rules, 1974 (hereinafter referred to as "the Rules" for brevity) with a further prayer to release her differential arrear with effect from 01.07.2016.

4. Learned counsel for the petitioner submits that the petitioner has acquired B.A. with Ratna qualification and she has already attended the age of 48 years since 17.07.2016. Hence, she is entitled for trained graduate scale of pay as per the Government Resolution dated 18.02.2008 issued by the Government of

// 2 //

Odisha, School and Mass Education Department. But, till date the said benefit has not been extended to the petitioner on the plea that the benefit of trained scale of pay is not applicable to the teachers of Block Grant High Schools. Such a plea is illegal and arbitrary and contrary to the provisions of the Rules. Learned counsel for the petitioner also relies upon the judgment of this Court passed in the case of Ritanjali [email protected] Paul Vrs. State of Orissa and Ors. 1.

5. In such view of the matter, notice needs to be issued to the opposite parties.

6. Mr. Biswajit Mohanty, learned Standing Counsel for the Department of School and Mass Education waives of notice on behalf of the opposite parties. Required number of copies of the writ petition be served on him within three working days hence, who shall obtain instructions in the matter.

7. List this matter on 16th of March, 2022.

( S.K. Panigrahi) Judge BJ

2016 (I) ILR-Cut-1162