Satyeswar Mahapatra vs State Of Orissa And Anr
2022 Latest Caselaw 1865 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.2507 of 2022
            Satyeswar Mahapatra                   ....           Petitioner
                                       Mr. Santosh Kumar Pattanaik, Adv.
                                       -versus-
            State of Orissa and Anr.              ....    Opposite Parties
                                              Ms. Suman Pattanayak, AGA
                        CORAM:
                        MR. JUSTICE S.K. PANIGRAHI
                                    ORDER

Order No. 16.03.2022

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

2. Heard.

3. By way of this writ petition the petitioner has sought for direction, to grant him Senior Scale as per Rule-8 of Orissa Education Service (College Branch) Recruitment Rules, 1990 on completion of eight years service in O.E.S. Class-II service including the period of ad-hoc service as per the Judgment dated 27.06.2017 passed by this Court in W.P.(C) No.20648/ 25701/2012.

4. Learned counsel for the petitioner submits that the petitioner was initially appointed as Lecturer in Economics under Class-II of Odisha Education Service, on ad-hoc basis. Pursuant to the said appointment, the petitioner joined in the Government College, Sundargarh on 06.11.1978(F.N). Subsequently, his service was regularized along with 246 other lecturers vide notification dated 20.11.1986 issued by the Government of Orissa, Education and Youth Services Department. However, contrary to Rule-8 of Orissa Education Service (College Branch) Recruitment Rules, 1990, the authorities did not accept

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the cases of the said lectures including the petitioner for Senior Scale. The Orissa Administrative Tribunal, Bhubaneswar tribunal in O.A No. 1412 of 2011, directed the State Government to account the past (ad-hoc) service of the petitioner for grant of Senior Scale, in the light of the judgement passed in O.A No. 137 of 2002 and confirmed by this Hon'ble Court and the Hon'ble Supreme Court. But, till his retirement, the petitioner did not get the grant of Senior Scale. A batch of cases were instituted by similarly placed lecturers to claim Senior Scale. Nevertheless, despite them being granted the consideration of Senior Scale, the petitioner still remains devoid of it. Hence, this writ petition.

5. In view of such facts and circumstances, notice needs to be issued to the opposite parties.

6. Hence, issue notice.

7. Ms. Suman Pattanayak, learned Additional Government Advocate for the State 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.

8. List this matter on 18th of April, 2022.

( S.K. Panigrahi) Judge BJ