Rabindra Sahu vs State Of Odisha
2023 Latest Caselaw 1340 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                WPC(OAS) No.20 of 2015


            Rabindra Sahu                           ....           Petitioner(s)
                                                             Mr. S.K. Purohit,
                                                                    Advocate

                                         -versus-

            State of Odisha                         ....      Opposite Party(s)
                                                             Mr. R.K. Samal,
                                                            Standing Counsel

                      CORAM:
                      JUSTICE BISWANATH RATH

                                        ORDER

08.02.2023 Order No.

02. 1. Heard Mr. Purohit, learned counsel for Petitioner and Mr. Samal, learned Standing Counsel for School & Mass Education Department.

2. Petitioner's earliest approach for making him entitled to trained graduate scale was made in 1984. There is also document at Annexure- 8 showing that Headmaster has recommended the case of the Petitioner on 6.01.1992.

3. Be that as it may, since no counter affidavit has been filed as yet and looking to the decision of this Court in the case of (Sri) Madhab Chandra Podh Vrs. State of Orissa & 4 Ors. as reported in 1998 (II) OLR 334, this Court remits the matter to Opposite Party No.1 with a direction to consider the case of the Petitioner through the relief involved herein while also keeping in view the settled position of law benefiting the Petitioner at least to be entitled to trained graduate scale

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may not be from the date he acquired such qualification, but at least from the date of the circular dated 2.07.1983.

4. Entire exercise shall be completed including the benefit likely to be drawn in favour of the Petitioner at least within a period of two months from the date of communication of a certified copy of this order by the Petitioner. For unnecessary detention of the admitted entitlement of the Petitioner even in spite of the judgment clarifying such position long since, this Court directs, Petitioner may be entitled to interest on such amount @ 5% per annum all through. Failure in releasing of such amount within two months, Petitioner may be entitled to interest @10% per annum from the date of this order till realization.

5. WPC(OAS) stands disposed of with the above order.

(Biswanath Rath) Judge Ayaskanta Jena