Nalini Kanta Pattanaik And vs State Of Odisha & Others
2023 Latest Caselaw 10428 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.27330 of 2023

        Nalini Kanta Pattanaik and
        Others                                ....                   Petitioners
                                                          Dr. P. Chuli, Advocate


                                      -versus-

        State of Odisha & Others              ....           Opposite Parties
                                                            Mr. S.K. Samal, AGA

                            COROM:
              JUSTICE BIRAJA PRASANNA SATAPATHY

                                      ORDER

30.08.2023 Order No

1. 1. This matter is taken up through Hybrid Mode.

2. Heard Dr. P. Chuli, learned counsel for the petitioners and Mr. S.K. Samal, learned Addl. Govt. Advocate for the State- opposite parties.

3. The petitioners have filed the present Writ Petition inter alia with the following prayer:-

<Under the above circumstances it is therefore humbly prayed that this Hon'ble Court may graciously be pleased to:-

i. Admit this writ application.

ii. Call for the records/documents from the opp. parties,

iii. Issue writ of mandamus or any other appropriate writ(s)/direction(s)/order(s) directing the opp. parties particularly opp. party No.1- Commissioner-Cum-Secretary, Department of Higher Education, to grant the UGC Scale of Pay to the petitioners from their respective dates of entitlement in pursuance to the judgment passed by this Court in Samarendra Nayak and others V. Union of India and others, 2022 (II) OLR-21;

iv. Issue further direction(s)/order(s) directing the opp. parties particularly opp. party No.1 to calculate the differential arrears of pension and pay the same // 2 //

to the petitioner within a stipulated period as deemed fit and proper by this Hon'ble Court.=

4. It is contended that the claim made in the Writ Petition is covered by an order passed by this Court in the case of Samarendra Nayak and Others Vrs. Union of India and others, 2022 (II) OLR-21.

5. Mr. Samal, learned Addl. Govt. Advocate does not dispute the submissions made by the learned counsel for the petitioners with regard to the order passed by this Court in the aforementioned case as cited supra.

6. Considering the submissions made, this Court disposed of the Writ Petition in the light of the judgment passed by this Court in the case of Samarendra Nayak and Others Vrs. Union of India and others.

7. The Writ Petition is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge Basudev

Signature Not Verified Digitally Signed

Reason: Authentication of Order Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 16:02:45