Orissa High Court
Niranjan Nayak vs State Of Odisha And Ors on 21 September, 2022
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20776 of 2022
Niranjan Nayak .... Petitioner
Mr. Devi Prasad Dash, Adv.
-versus-
State of Odisha and Ors. .... Opposite Parties
Mr. Debasis Mohapatra, SC
(for S & ME Deptt.)
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 21.09.2022
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. In this Writ Petition, the Petitioner, who is serving as a
Classical Teacher (Sanskrit) in Sri Radhakanta High
School, Nuagaon, in the district of Cuttack, challenges the
Office Order No.13434 dated 06.11.2020 passed by the
Opposite Party No.3/ District Education Officer, Cuttack
rejecting his representation for grant of Trained Graduate
Scale of Pay on attaining the age of 48 years as per Rule-
16(2) of the Orissa Education (Recruitment and
Conditions of Service of Teachers and Members of the
Staff of Aided Educational Institutions) Rules, 1974,
although this Court vide order dated 15.07.2020 passed in
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W.P.(C) No.9434 of 2020 directed to consider his case
taking into account the judgment passed in the case of
Radharani Samal -vrs.- State of Odisha1.
4. Learned counsel for the Petitioner submits that this
Court has earlier decided the similar issue in the case of
Akshya Kumar Nayak -vrs. State of Orissa and Ors.
vide common judgment dated 04.08.2022 passed in
W.P.(C) No.5480 of 2021 and batch of cases. Hence, he
submits that this Writ Petition may be disposed of in the
light of the judgment passed in the case of Akshya
Kumar Nayak (supra).
5. Learned Standing Counsel for the Department of
School and Mass Education submits that he has no
objection, if this matter is disposed of in the light of the
judgment passed in the case of Akshya Kumar Nayak
(supra).
6. On perusal of the records and the judgment passed in
the case of Akshya Kumar Nayak (supra), it appears that
similar issue has already been decided by this Court in
the said judgment which was disposed of on 04.08.2022.
The ordering portion of the said judgment is as follows.
"33. This Court is unable to accept the
submission of learned Standing Counsel for the
1
2017 (I) ILR-CUT-546
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Department of School and Mass Education as
the petitioner's entitlement to avail Trained
Graduate Scale of pay flows from the
Government resolution dated 18.02.2008 and
the Petitioner possesses the minimum
qualification as mandated by the said
resolution. It is also submitted that the
petitioner attained 48 years of age as on
11.07.2016
, after the clarificatory order of the
State Government dated 06.05.2014 and
therefore, the agitation of claim could not have
been done in the same timeline as the issuance
of the clarificatory order. Hence, it cannot be
said that the claim of the petitioner is hopelessly
barred by limitation and stale.
34.This Court is of the view that the grievance
voiced by the petitioner appears to be well
founded and he would be entitled to re-fixation
of scale of pay. Since, there are statutory rules
occupying the field, the petitioner is entitled to
requisite remedy by relying on such rules.
Moreover, where a service-related claim is
based on a continuing wrong, relief can be
granted even if there is a long delay in seeking
remedy, with reference to the date on which the
continuing wrong commenced, if such
continuing wrong creates a continuing source
of injury. In the case at hand, the issue was in
relation to refixation of pay and in such
circumstances, relief may be granted in spite of
delay as it does not affect the rights of third
parties.
35. In the service jurisprudence evolved by this
Court from time-to-time, it is postulated that
all persons similarly situated should be treated
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similarly and only because one person has
approached the Court would not mean that
persons similarly situated should be treated
differently. Justice demands that a person
should not be allowed to derive any undue
advantage over other employees; the normal
rule is that when a particular set of employees
is given relief by the Court, all other identically
situated persons need to be treated alike by
extending that benefit; not doing so would
amount to discrimination and would be
violative of Article 14 of the Constitution of
India.
36. In the light of above discussions and guided
by the precedents narrated hereinabove, this
Court hereby allows the present Writ Petition
as well as the connected batch of Writ Petitions.
37. Accordingly, this Writ Petition along with
the connected batch of Writ Petitions are
disposed of. No order as to cost."
7. In view of the aforesaid common judgment dated
04.08.2022 passed in W.P.(C) No.5480 of 2021 and batch
of cases, this Writ Petition is disposed of being allowed.
The authorities shall examine the facts and circumstances
of the present Writ Petition in the light of the common
judgment dated 04.08.2022 passed in W.P.(C) No.5480 of
2021 and batch of cases and if the issue involved therein
is squarely covered in the present case, the authorities
shall consider the Petitioner's case in accordance with law
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as expeditiously as possible preferably within a period of
three months from the date of production of a copy of
this order.
8. Urgent certified copy of this order be granted on
proper application.
(Dr. S.K. Panigrahi)
Judge
B.Jhankar
