Orissa High Court
Manas Kumar Sahoo vs State Of Odisha on 2 April, 2025
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 7199 of 2025
Manas Kumar Sahoo ..... Petitioner
Mr. Satyajeet Samal, Advocate
Vs.
1. State of Odisha
2. Director of Secondary
Education, Odisha
3. District Education Officer,
Dhenkanal Circle
4. Managing Committee of Palli Opp. Parties
Bikash High School ..... Ms. S. Devi, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
02.04.2025
(Through hybrid mode)
Order No. 1. This writ application has been filed with a prayer to direct
02.
the Opp. Parties to take immediate steps to disburse the
differential arrear salary as well as the current monthly salary in
Trained Graduate Scale of pay from the date of attaining the age
of 48 years in favour of the petitioner w.e.f 01.04.2022 , within a
reasonable time to be stipulated by this Hon'ble Court, by taking
in to account the judgment law pronounced by this Hon'ble
Court, in the case of Radha Rani Samal Vrs. State of Orissa:
2017 (1) ILR-CUT-546 and subsequent common judgment
dt.04.08.2022 passed in W.P.(C)No. 5480 of 2021(Akshya Kumar
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Nayak- Vrs- State of Orissa & Ors) confirmed by the Division
Bench of this Hon'ble Court vide order dt. 14.11.2023 passed in
Writ Appeal No. 1780 of 2022.
2. Mr. S. Samal, learned counsel for the petitioner submits
that the petitioner was appointed as a Hindi teacher on
25.08.1993 in Palli Bikash High School in the dist. of Dhenkanal
and joined on 01.09.1993 and his appointment has been
approved on 25.09.2004. After attaining the age of 48 years the
petitioner became eligible to get Trained Graduate Scale of pay
as per Rule 16(2) of the Orissa Education (Recruitment and
Conditions of Service of Teachers and Members of the Staffs of
Aided Educational Institutions)Rules-1974. He also submits that
this Court in the case of Radha Rani Samal (Supra) had directed
that the petitioner in the said case was eligible for grant of
Trained Graduate Scale of pay and other consequential benefit
after attaining the age of 48 years. As the petitioner was not
granted Trained Graduate Scale of pay he has submitted a
representation on 10.01.2025 praying for grant of Trained
Graduate Scale of pay from the date he attained 48 years i.e.
01.04.2022. But the same is still pending for consideration
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before the District Education Officer, Dhenkanal- O.P. No.3.
3. Since there is no endorsement nor any postal receipt in
support of the submission that the said representation has been
submitted to the O.P. No.3, this writ application is disposed of
granting liberty to the petitioner to file a representation before
O.P. No.3- the District Education Officer, Dhenkanal along with
the supporting documents, if the said representation is filed
within a period of three weeks, the same shall be considered in
accordance with law expeditiously.
4. It is made clear that this Court has not gone into the merits
of the case of the petitioner.
(Savitri Ratho)
Judge
Subhalaxmi
Signed by: SUBHALAXMI PRIYADARSHANI SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 03-Apr-2025 20:18:25
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