Sukunta Ku. Mahauty vs State Of Odisha & Others
2023 Latest Caselaw 15563 Ori

Orissa High Court

Sukunta Ku. Mahauty vs State Of Odisha & Others on 4 December, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.17585 of 2017


        Sukunta Ku. Mahauty               ....                    Petitioner
                                                    Mr. S.K. Das, Advocate

                               -versus-
        State of Odisha & Others
                                  ....           Opposite Parties
                                      Mr.M.K. Balabantaray, AGA

                               CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                         ORDER

04.12.2023 Order No.

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

2. Heard Mr. S. K. Das, learned counsel appearing for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Government Advocate for the State.

3. Petitioner has filed the present writ petition inter alia challenging the communication dtd.03.10.2012 so issued by Opposite Party No.3 under Annexure-5.

4. Vide the said order, the prayer of the Petitioner to get the benefit of Trained Graduate Scale of pay on attainting the age of 48 years has been rejected only on the ground that the relevant provision contained under the 1974 rules is not applicable to block grant employees.

4.1. Learned counsel for the Petitioner contended that applicability of the 1974 rules to the employees working // 2 //

in block grant institutions has already been decided by this Court in its judgment dtd.19.10.2023 in W.P.(C) No.34453 of 2021 & batch.

4.2. It is accordingly contended that in view of the decision of this Court, the impugned communication is not sustainable in the eye of law.

5. Learned Addl. Government Advocate does not dispute the submission made by Mr. Das.

6. Having heard learned counsel for the Parties and considering the submissions made, this Court placing reliance on the aforesaid decision of this Court is inclined to quash the communication dtd.30.11.2012 under Annexure-5. While quashing the same, this Court directs Opposite Party No.3 to take a fresh decision in the light of the decision of this Court as cited (supra) within a period of three (3) months from the date of receipt of this order.

7. Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK