Orissa High Court
Geetarani Ghadai vs State Of Odisha & Others on 6 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32920 of 2021
Geetarani Ghadai .... Petitioner
Mr. L.K. Mohanty, Adv.
-versus-
State of Odisha & Others .... Opposite Parties
Mr.R.N. Mishra, AGA
COROM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
06.04.2023
Order No
02. 1. This matter is taken up through Hybrid Mode.
2. Heard Mr. L.K. Mohanty, learned counsel appearing
for the Petitioner and Mr. R.N. Mishra, learned Addl.
Government Advocate for the State.
3. The Petitioner has filed the present Writ Petition inter
alia with the following prayer:-
< It is, therefore, prayed that this Hon'ble Court may
graciously be pleased to issue notice to the opp.parties
calling upon them to file show cause as to why a direction
shall not be issued to count the entire period of service of
the petitioner from the date of her initial appointment as
Resource Teachers dated 12.08.1993 to till 31.1.2017 and
release all consequential benefits including revision of pay
and release all arrears taking into consideration similar
order passed by the opp.party no.1 dated 11.09.2021 under
Annexure-8 and order dated 19.12.2019 under Annexure-9
and after hearing the parties be directed to release all
service and financial benefits in favour of the petitioner
counting her entire period of service from the date of hear
initial appointment as Resources Teacher as per the
judgment of Hon'ble Apex Court of India rendered in
between Maharaj Krishna Bhatta and another Vrs State of J
& K and others reported in (2008) 9 SCC 24.
As the petitioner has superannuated from service with
effect from 31.1.2017, her pension and pensionary benefits
be finalized after fixation of her pay under different pay
// 2 //
revision and release the arrears; within a date to be fixed
by this Hon'ble Court=.
4. It is contended that the relief as prayed for by the
Petitioner in the present Writ Petition has been extended in
favour of similarly situated persons and the Petitioner
though stands in a similar footing, he has been deprived
from getting the benefit.
5. It is also contended that even though notice of the
Writ Petition was issued by this Court on 16.11.2021, no
counter affidavit has been filed.
6. Having heard learned counsel for the Parties and
taking into account the submission made by Mr. Mohanty
that similar benefit has been extended in favour of
similarly situated resource teachers, this Court while
disposing the Writ Petition permits the Petitioner to move
an appropriate application before the Opposite Party No.1.
It is observed that if any such application is made seeking
grant of the relief as prayed for in the present writ petition,
opposite party No.1 shall take a lawful decision on the
same within a further period of three months from the date
of receipt of the representation. It is however, observed
that if persons similarly situated have been extended with
the benefit, the said fact shall be taken into consideration
by the Opposite Party No.1. The Petitioner is directed to
enclose the orders showing extension of benefit in favour of
similarly situated resource teachers along with his
representation.
// 3 //
7. Accordingly, the Writ Petition stands disposed of
within the aforesaid observations and directions.
(Biraja Prasanna Satapathy)
Judge
Subrat
