Citation : 2023 Latest Caselaw 6678 Ori
Judgement Date : 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 16707 of 2023
Ranjan Kumar Pradhan .... Petitioner
Mr. S.B. Biswal, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
State Counsel
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
19.05.2023 Order No
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The Petitioner has filed this writ petition seeking direction to Opposite Parties Nos. 2 and 3 to take immediate steps to disburse his differential arrear salary as well as current monthly salary in Trained Graduate Scale of pay from the date of attaining the age of 48 years as per the decision in Radharani Samal vrs. State of Orissa, 2017(I) ILR-CUT-546.
4. Learned counsel for the Petitioner contended that similar question has already been adjudicated by the learned Single Judge in Radharani Samal vrs. State of Orissa, 2017(I) ILR-CUT-546 which has been affirmed by the Division Bench of this Court by dismissing Writ Appeal No.176 of 2017 preferred by the State vide order dated 30.04.2019. Therefore, the case of the petitioner is squarely covered by the judgment passed by this Court in Radharani Samal (supra).
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5. Learned State Counsel admits the contentions raised by the learned counsel for the petitioner. He contended that direction may be issued to consider the case of the petitioner in the light of judgment passed by this Court in Radharani Samal (supra) which has been affirmed by the Division Bench of this Court vide order dated 30.04.2019 by dismissing Writ Appeal No.176 of 2017 preferred by the State. W.P.(C) No. 33693 of 2020.
6. Considering the contentions raised by learned counsel for the parties and after going through the records, this Court disposes of the writ petition directing the opposite parties to consider the case of the petitioner in the light of the ratio decided by this Court in Radharani Samal (supra) as expeditiously as possible preferably within a period of four months from the date of production/ communication of this order.
(Biraja Prasanna Satapathy) Judge Sneha
Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: Cuttack Date: 19-May-2023 14:13:22
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