Smt. Bandita Madhial And vs State Of Odisha & Others .... ...
2023 Latest Caselaw 8924 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.18096 of 2012

                 Smt. Bandita Madhial and             ....         Petitioners
                 others
                                               Mr. D.N. Mishra, Advocate
                                         -versus-
                 State of Odisha & others          ....           Opp.parties

                             Mr. D. Gochayat, Central Govt. Counsel along
                             with Dy.Solicitor General of India for O.P.No.1
                                  Mr. J.K. Mishra, Sr. Advocate along with
                                    Mr. P.C. Behera, Advocate for O.P.No.2
                                    Mr. B.P.Tripathy, AGA for O.P.Nos.3 & 4

                        CORAM:
                        JUSTICE M.S.SAHOO
                                        ORDER

09.08.2023 Order No. Hybrid Mode

3. 1. Learned counsel for the petitioners relies on the decision rendered by the Division Bench of this Court by judgment dated 18.04.2022 passed in W.P.(C) No.26692 of 2011: Samarendra Nayak and others v. Union of India and others to submit that the present case is identical in facts and the questions of law involved are also identical.

It is further submitted that the SLP filed by the State challenging the above judgment dated 18.04.2022 has been dismissed on merit by order of the Hon'ble Supreme Court dated 10.10.2022.

2. In view of the above decision of the Division Bench of this Court and the order of the Hon'ble Supreme Court in the SLP, the learned DSGI appearing along with CGC, the learned Senior Counsel for opposite party no.2-UGC and the learned Addl. Government // 2 //

Advocate appearing for opposite party nos.3 & 4 submit that the matter is covered by the said earlier decision.

3. In view of the stand taken at the bar by the learned counsel appearing the parties, the writ petition is disposed of reiterating the operative portions at paragraphs-27 and 28 of the judgment of this Court dated 18.04.2022. The paragraphs-27 and 28 are reproduced herein :

"27. It is accordingly directed that the petitioners would be granted the UGC scales of pay in terms of the decision already taken to implement the scheme of the Central Government whereby for the period from 1st January, 1986 to 31st March, 1990, 80% of the financial burden would be borne by the Central Government and 20% by the State Government and thereafter entirely by the State Government.

28. A direction is accordingly issued that each of the petitioners be granted the aforementioned scale of pay of Rs.1740-3000/- with effect from 1st January, 1986 in terms of the circulars and schemes already referred to hereinbefore and the arrears will be paid to the petitioners within a period of twelve weeks from today. This will apply notwithstanding the fact that the petitioners may have been superannuated during the pendency of the present petition. Where applicable, the legal representatives of any of the petitioners would be paid the above financial benefits in the absence of the concerned petitioners."

Ordered accordingly.

Signature Not Verified Digitally Signed ( M.S.Sahoo) Signed by: GAGAN BIHARI SAMAL Designation: Secretary Judge Reason: Authentication Gs Location: ohc Date: 11-Aug-2023 12:16:30