Orissa High Court
Kulamani Panda vs Board Of Secondary Education on 29 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27428 of 2023
Kulamani Panda .... Petitioner
Mr. S.K. Das, Advocate
-versus-
Board of Secondary Education, .... Opposite Parties
Odisha and another
Mr. S.S. Rao, Advocate
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 29.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ application as well as
documents annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"Under the above circumstances, it is therefore
humbly prayed that this Hon'ble Court be graciously
pleased to direct the opposite parties to revise the
pension and other pensionary benefits of the petitioner
including gratuity by calculating his entire qualifying
service for the purpose up to 60 years of age and to pay
the differential arrears within a stipulated period as his
claim is squarely covered by the ration decided in
W.P.(C) No.13035 of 2019 disposed of on 07.11.2019
and the order passed in W.A. No.509 of 2019 and batch
cases dtd:03.12.2020 and order dtd:02.03.2021 of the
Hon'ble Supreme Court of India in SLP(C) Nos.3555,
3604 of 2021.
And/or issue any other appropriate writ/writs,
order/orders, direction/directions as deem fit and proper
// 2 //
in the fitness of the case."
4. It is submitted by learned counsel for the petitioner that the
case of the petitioner is squarely covered by the ratio laid down by
this Court in the case of Madhusudan Naik vrs. State of Odisha and
others in W.P.(C) No.6353 of 2022 and a batch of cases of similar
writ applications disposed of on 26.09.2022. Similarly, the identical
view was also taken in W.P.(C) No.13035 of 2019, which was
disposed of by the coordinate Bench of this Court vide order dated
07.11.2019, which was challenged by the State-Opposite Parties in
filing W.A. No.509 of 2019 along with a batch of writ appeals. Such
writ appeals were disposed of by confirming the order of learned
Single Judge by order dated 03.12.2020 and thereafter, the State-
Opposite Parties preferred SLP(C) Nos.3555, 3604 of 2021 before
the Hon'ble Supreme Court, the Hon'ble Supreme Court of India
vide order dated 02.03.2021 dismissed the said appeal by referring to
the judgment of the Hon'ble Supreme Court in Orissa University of
Agri. & Technology vs. Shiva Dutta Sharma (Civil Appeal
Nos.1225 and 1226 of 2008 decided on 19th April, 2017). In such
view of the matter, learned counsel for the petitioner submitted that
the case of the petitioner may be considered in the light of the
aforesaid pronouncement of this Court as well as the Hon'ble
Supreme Court within a stipulated period of time.
5. Learned counsel for the Opposite Parties, on the other hand,
submitted that the case of the petitioner has not been examined by
the departmental authorities. He further submitted that the petitioner
has already been filed a representation dated 05.07.2021 under
Annexure-4 before the Opposite Party No.2 and the same is pending
before the said Opposite Party for consideration. In such view of the
matter, learned Additional Standing Counsel for the State submitted
// 3 //
that he has no objection, if this Court is given a direction to the said
Opposite Party to consider the same in accordance with law within a
stipulated period of time.
6. Considering the submissions made by learned counsels
appearing for the respective parties, on a careful examination of the
background of facts of the case, this Court deems it proper to dispose
of the writ application by directing the President, Board of
Secondary Education, Odisha, Cuttack-Opposite Party No.2 to
consider the representation of the petitioner dated 05.07.2021 under
Annexure-4, if the same is pending, within a period of two months
from the date of production of certified copy of this order by the
petitioner.
7. It is further directed that the Opposite Party No.2 shall do well
to consider the representation of the petitioner keeping in view the
judgment delivered by the coordinate Bench of this Court as well as
confirmation given by the writ appeal as well as the Hon'ble Apex
Court as has been referred to hereinabove. Final decision be
communicated to the petitioner within two weeks from the date of
taking such decision.
8. With the aforesaid observation/direction, the writ petition
stands disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Signature Not Verified Judge
Jagabandhu
Digitally Signed
Signed by: JAGABANDHU BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 01-Sep-2023 10:25:33
