Harihar Sahoo vs State Of Odisha & Ors
2022 Latest Caselaw 23 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WPC (OAC) No.2346 of 2006

            Harihar Sahoo                     ....                         Petitioner(s)
                                                       Mr.M.K.Mohanty, Advocate

                                            -versus-

            State of Odisha & Ors.            ....                   Opposite Party(s)
                                                          Mr.R.K.Samal, Addl. Standing
                                                              Counsel, S & M.E. Deptt.



                     CORAM:
                     JUSTICE BISWANATH RATH
                                        ORDER

03.01.2022 Order No.

1. 1. There is serious allegation of the petitioner, who was

superannuated on 31.10.2001 that the authority had recasted his salary

vide Annexure-2 on 8.11.2001. Mr. Mohanty, learned counsel

appearing for the petitioner taking aid of the judgments in the case of

Bidyadhar Bhuyan Vs. State of Orissa & Others, 1995 (II) OLR-655

and in the case of Akshya Kumar Misra Vs. D.P. I (Schools) Orissa

& another, 1975 (2) CWR.647 submits that there is no scope for

revision of scale of pay of a person after superannuation as there do not

exist any master and servant relationship after superannuation of the

petitioner. Mr. Mohanty, learned counsel for the petitioner further

submits that for the pendency of the litigation, petitioner is drawing his

pension calculating the salary he had dawn at the time of

superannuation. Mr.Samal, learned Standing Counsel for the School &

// 2 //

Mass Education Department in absence of counter affidavit seeks time

to take instruction in the matter.

2. List this matter on 17.01.2022.

(Biswanath Rath) Judge

Sks