Purna Chandra Gochhi & vs State Of Odisha And
2023 Latest Caselaw 10053 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.26487 of 2023

      Purna Chandra Gochhi &
      Others                              ....                     Petitioners
                                                  Mr. P.N. Mohanty, Advocate

                                       -versus-
      State of Odisha and
      Another                             ....               Opposite Parties
                                                              State Counsel

                            CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                          ORDER

25.08.2023 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioners and learned State Counsel for the Opposite Parties.

3. The Petitioners have filed the present Writ Petition with the following prayer: -

<Under the above circumstances, it is humbly prayed that the writ petition may be allowed;

(A) A writ of mandamus or an appropriate writ may be issued quashing the impugned order dated 18.04.2023 passed by the Director, Secondary Education, Odisha, Bhubaneswar under Annexue-13 and necessary direction may be made to the opposite parties to give antedated promotion to the petitioners to Junior SES cadre i.e. petitioner No.1 with effect from 01.02.1991, petitioner No.2 with effect from 20.05.1991, petitioner No.3 with // 2 //

effect from 08.04.1993 and petitioner No.4 with effect from 08.04.1993 in accordance with Rule-10-A and Rule-

10-B of the Odisha Subordinate Education Service (General Branch) Rules, 1972 and they may be allowed the Trained Graduate Scale of Pay on notional basis along with other consequential benefits, which has been made available to similarly situated Teacher like that of Sri Kiran Chandra Mishra as per Annexure-10, three teachers namely Sri Pratyush Kumar Das, Smt. Sovarani Mohanty and Sri Prabino Kumar Patro as per Annexure-

12 series and one Sri Dillip Kumar Badapanda as per Annexure-14 series, keeping in view the judgment of the Odisha Administrative Tribunal, Cuttack Bench, Cuttack rendered in the case of Rabindra Kumar Panda and another Vs. State of Orissa and Others (O.A. No.1673 (C) of 1993 disposed of on 28.11.2007) which has been upheld by this Hon'ble Court, within a time to be stipulated by this Hon'ble Court.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioners to make a detailed representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of their claim, if any, within a period three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.2 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.2 be communicated to the petitioners.

// 3 //

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 18:31:48