Ashok Kumar Mohapatra vs State Of Orissa And Ors
2023 Latest Caselaw 4905 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.19642 of 2022

        Ashok Kumar Mohapatra                   ....         Petitioner

                                   Mr. Dillip Kumar Mohapatra, Adv.

                                   -versus-

        State of Orissa and Ors.              ....     Opposite Parties

                                              Mr. G.R. Mohapatra, ASC



                 CORAM:
                 DR. JUSTICE S.K. PANIGRAHI

                                ORDER

Order                          02.05.2023
No.                       I.A. No.4865 of 2023

07. 1. This matter is taken up through hybrid arrangement.

2. This I.A. has been filed by the Petitioner for

modification of the judgment/order dated 01.02.2023

passed by this Court in W.P.(C) No.19642 of 2022 and

batch of cases.

3. Heard learned counsel for the parties.

4. Learned counsel for the Petitioner submits that in

paragraph-32 of the judgment dated 01.02.2023 passed by

this Court in W.P.(C) No.19642 of 2022 and batch of cases,

the words "and to treat the payment of Trained Graduate

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Scale after acquiring Trained Graduate qualification as

one upgradation" have been wrongly reflected. He

further submits that the same should be written as "and

not to treat the payment of Trained Graduate Scale after

acquiring Trained Graduate qualification as one

upgradation".

5. Considering the submissions made by the learned

counsel for the Petitioner and the averments made in the

I.A, this Court is of the view that such modification may

be allowed in the last part i.e. in paragraph 32 of the

aforesaid judgment. In such view of the matter, the

paragraph 32 of the judgment dated 01.02.2023 passed in

W.P.(C) No.19642 of 2022 and batch of cases be read as:

"32. Considering the facts of the present case, this Court is inclined to quash the Office Order No.3424 dated 10.03.2022 passed by the Opposite Party No.3/District Education Officer, Cuttack. This Court hereby directs the Opposite Party No.3/District Education Officer, Cuttack to grant 3rd MACP to the petitioner with effect from 13.01.2018."

6. This order shall be read as a part of the original

judgment. All other parts of the original judgment shall

remain unaltered.

// 3 //

7. This I.A. is disposed of.

8. Urgent certified copy of this order be granted on

proper application.

.

( Dr. S.K. Panigrahi) Judge B.Jhankar

BHABAG Digitally signed by BHABAGRAHI RAHI JHANKAR Date: 2023.05.03 JHANKAR 11:55:39 +05'30'