Pranati Nayak vs State Of Odisha And
2023 Latest Caselaw 10407 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.26611 of 2023

        Pranati Nayak                        ....                    Petitioner
                                                     Mr. M.K. Sahoo, Advocate

                                          -versus-
        State of Odisha and
        Others                               ....             Opposite Parties
                                                          Mr. S.K. Samal, AGA

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

30.08.2023 Order No.

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

2. Heard learned counsel for the parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

<Under the above facts and circumstances of the case, it is humbly prayed that this Hon'ble High Court may graciously be pleased to allow this Writ application by granting following reliefs;

(A) A writ of mandamus be issued directing the Opp. Parties, to grant trained graduate scale of pay in favour of the petitioner as trained graduate teacher w.e.f. 21.11.2002 with actual financial benefit w.e.f. 28.2.2004 following the ratio of the judgment dated 23.11.2017 passed in W.P.(C) No.12243 of 2016 of this Hon'ble High Court under Annexure-10 within a stipulated time.

(B) Appropriate writ/writs be issued directing the State-Opposite Parties to grant // 2 //

seniority in the Jr. SES Cadre w.e.f. 21.11.2002 from the date, she became trained graduate teacher on acquiring B.Ed. qualification following the principle of law as decided in the case of Sankarsan Pal and others under Annexure-11.=

4. Learned counsel for the Petitioner submits that through highlighting her grievances, the petitioner has filed a representation vide Annexure-13 to the Writ Petition, but till date nothing has been done in the matter. In such background, she prays that a direction be issued to opposite party No.1 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.1 to take a decision on the above noted petition in accordance with law taking into account Annexure-10 & 11, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of Order Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 16:02:47