Manas Ranjan Swain vs This Matter Is Taken Up Through ...
2023 Latest Caselaw 11891 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No.30982 of 2023

         Manas Ranjan Swain                  ....    Petitioner
                                                   Mr. S.K. Nayak(2), Advocate

                                           -versus-
         State of Odisha & Others           .... Opp.Parties
                                                   Mr. S. Rath, ASC



                             COROM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                   ORDER

Order No                         03.10.2023
     01. 1.    This matter is taken up through Hybrid Arrangement
         (Virtual/Physical) Mode.

2. Heard Mr. S. K. Nayak(2), learned counsel for the petitioner and Mr. S. Rath, learned Addl. Standing Counsel for the State.

3. The petitioner has filed this writ petition seeking for direction to opposite parties no.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 on the basis of School and Mass Education Department Resolution dated 18.02.2008 and letter No.6259 dated 16.04.2010 as well as letter No.1772 dated 11.01.2011 of Director, Secondary Education, Odisha and the rules framed there under within a stipulated period.

4. Mr. S. K. Nayak(2), 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) ILRCUT-546 which // 2 //

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).

5. Mr. S. Rath, learned Addl. Standing Counsel for the State 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.

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 of this order.

Urgent certified copy of this Court be granted on proper application.

(Biraja Prasanna Satapathy) Judge Subrat

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: ...

Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Oct-2023 10:54:18