Ramakanta Nayak & Ors vs State Of Odisha & Ors
2022 Latest Caselaw 370 Ori

                                     1




       IN THE HIGH COURT OF ORISSA AT CUTTACK


                    W.P.(C) No. 982 OF 2022

Ramakanta Nayak & Ors.                    .....                  Petitioner

                                                Mr. S.K. Mishra, Advocate
                                  Vs.
State of Odisha & Ors.                    .....           Opposite parties

                                                           State Counsel



            CORAM:
                DR. JUSTICE B.R. SARANGI

                                          ORDER

18.01.2022

Order No. This matter is taken up through video conferencing

mode.

2. The Petitioners have filed this writ petition seeking direction to the Opposite parties to release the differential salary of the Petitioners w.e.f.01.01.2016 to 30.09.2017 under ORSP Rules, 2017 came into force 01.01.2016 pursuant to the Resolution No.26347/F dated 07.09.2017 under Annexure-2 within a stipulated period.

3. In course of hearing, learned counsel for the Petitioners states that highlighting the grievance, the Petitioners have made representation to Opposite Party No.1 vide Annexure-5, but no decision has yet been taken. Therefore, the same may be considered in the light of the judgment passed by this Court in Smt. Dipti Roy -v- State of Orissa and others, reported in 2004 (II)OLR 718 and Bijay Ketan Khatua -v-State of Orissa and others, reported in 2015(I) OLR 452.

4. Considering the limited grievance of the Petitioners, without expressing any opinion on the merits of the case, this Court disposes of this writ petition with a direction to the Opposite Party No.1-Secretary to Government, School & Mass Education Department, Odisha, Bhubaneswar to take a decision on the representation of the Petitioners dated 22nd March, 2021 as at Annexure-5 in the light of the judgments in Smt. Dipti Roy (supra) and Bijay Ketan Khatua (supra) and pass appropriate order in accordance with law within a period of three months from the date of production of authenticated copy of this order.

5. 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