Orissa High Court
State Of Orissa And Others vs Pramod Kumar Dash on 6 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No. 62 of 2016
State of Orissa and others ..... Petitioners
Mr. A.K. Mishra, AGA
Vs.
Pramod Kumar Dash ..... Opposite Party
Mr. S.K. Mishra, Advocate
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
ORDER
06.10.2023
Order No. Misc. Case No. 48 of 2016
03.
This matter is taken up through hybrid mode.
2. Heard Mr. A.K. Mishra, learned Additional Government
Advocate for the State-petitioners and Mr. S.K. Mishra, learned
counsel for opposite party.
3 This I.A. has been filed for condonation of delay in filing the
review petition.
4. Mr. S.K. Mishra, learned counsel appearing on behalf of
opposite party raised no objection to the said application.
5. In view of the above, the delay in filing the review petition is
allowed.
6. The I.A stands disposed of.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
04. This RVWPET has been filed by the State-petitioners seeking
review of the order dated 29.06.2015 passed in W.P.(C) No. 11323 of
2015.
2. As it appears, this Court vide order dated 29.06.2015 taking
into consideration the judgments passed in the case of Dillip Kumar
Sahoo and others v. state of Orissa and others, 2008 (I) OLR 162,
directed that the petitioner therein is entitled to the salary of
Headmistress for the period for which she has worked as in-charge
Headmistress and her case shall be considered in the light of the
judgments passed in the said judgment.
3. Mr. S.K. Mishra, learned counsel appearing for opposite party
states that one similarly situated person had approached this Court by
filing W.P.(C) No. 456 of 2013, which was disposed of, vide order
dated 24.04.2013, by relying on the very same decision in the case of
Dillip Kumar Sahoo (supra). Against the said judgment the State
preferred Special Leave to Appeal (Civil) No. 18803 of 2013, which
was dismissed as withdrawn granting liberty to the review petitioners
to approach this Court by filing review petition. Accordingly, the State
authorities preferred RVWPET No. 255 of 2013. This Court vide
order dated 31.05.2021 disposed of the said review petition with the
following direction.
"13. Accordingly, the review petition filed by the
petitioners is allowed in part. We direct the petitioners to
pay 'charge allowance' as admissible to the opposite
party Purna Chandra Chand for the period from
01.06.1994 till 30.09.2001 in addition to the salary which
he is stated to have received in the trained intermediate
scale of pay from 01.06.1994 to 30.09.1994 and in the
trained graduate scale of pay from 01.10.1994 till
30.09.2001.
The petitioners shall also pay the salary to the
opposite party in the scale of pay of Headmaster from
01.10.2001 onwards during which period he has been
functioning as in-charge Headmaster in Sikshya Niketan
having the eligibility criteria for promotion to the post of
Headmaster and as stated at the Bar he is getting trained
graduate scale of pay. The petitioners shall calculate the
entitlements of the opposite party as per the above
observation and disburse the same to the opposite party
deducting the amount already paid to him. The enhanced
amount shall also carry interest at the rate of seven per
cent per annum from the date of filing of the writ petition
by the opposite party before this Court till the date of
actual payment.
14. In the result, the review petition is allowed in
part and the impugned order dated 24.04.2013 passed by
the learned Division Bench is modified to the extent as
indicated hereinabove, but without any order as to costs.
4. Challenging the said judgment passed in the review petition, the
State-petitioners preferred Special Leave to Appeal (C) No. 1080 of
2022, but the same was dismissed with the following observation:-
"We are not inclined to interfere with the impugned
judgment through we have reservation on certain
portions relating to the law of precedence, for the
reason that the respondent was working at the post of
the Head Master even before the school was granted
and by the appellant-State of Orissa. The respondent
had acquired B.Ed degree in 1994 and he has been
granted the pay-scale as applicable to the Head Master
from 2001 that is after completion of seven years of
service. From 1994 till today, the respondent has
performed and worked as Head Master. We exercise
our discretion not to interfere and, therefore, we
observe that the question of law is left open.
Recoding the above, the special leave petition is
dismissed".
5. In view of such position, this Court is not inclined to entertain
the review petition, which is accordingly dismissed.
Ashok (DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
Signature Not Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 09-Oct-2023 16:12:44
