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Dr. Braja Kishore Das vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 4677 Ori

Citation : 2025 Latest Caselaw 4677 Ori
Judgement Date : 5 March, 2025

Orissa High Court

Dr. Braja Kishore Das vs State Of Odisha And Others .... Opposite ... on 5 March, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.2587 of 2025

         Dr. Braja Kishore Das           ....               Petitioner
                                                   Mr. P.K. Nayak, Adv.

                                        -versus-

         State of Odisha and Others      ....           Opposite Parties
                                                         Mr. S.K. Jee, AGA



                            COROM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                 ORDER

05.03.2025

I.A No.2546 of 2025 Order No

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. This application has been filed by the petitioner for modification of order dated 29.01.2025.

3. Heard.

4. Considering the averments made in the application itself, the order dated 29.01.2025 is recalled and fresh order is passed in W.P.(C) No.2587 of 2025.

5. The Interlocutory Application stands disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O // 2 //

ORDER 05.03.2025

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed inter alia with the following prayer:-

"It is therefore, humbly prayed that this Hon'ble Court be graciously pleased to:

i) Admit the writ application.

ii) Call for the records.

iii) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the opposite parties, more particularly opposite party No.1 and 2 to extend the benefit of placement in the Lecturer (Group-A) Scale of pay as well as Reader (State Scale) scale of pay in favour of the petitioner retrospectively w.e.f.

01.08.2000 and 01.08.2010 by suitably modifying the Govt. Notification dt.28.10.2017 issued under Annexure-4 in so far as it relates to the present petitioner is concerned, in terms of Rule-4 and 9 of the Odisha Non-Government aided college Lecturer's Placement Rules, 2014, keeping in view law decided by this Hon'ble Court in the case of Chittaranjan Das Vrs. State of Odisha & Ors. (W.P.(C) No.8976 of 2017 disposed of on 03.04.2023), so also a similar judgment passed in the case of Dolamani Meher and batch Vrs. State of Odisha & Ors. (W.P.(C) No.4312 of 2016 and batch disposed of on 06.07.2023), and further to extend the similar benefits as has been extended in favour of Chittaranjan Das vide Govt. Notification dt.16.03.2024 under Annexure-7, and further the petitioner may be extended with all other consequential service and financial benefits

// 3 //

as due and admissible, including the differential arrears within a reasonable time to be stipulated by this Hon'ble Court.

iv) And/ or pass such other order/orders, direction/directions as this Hon'ble Court may deems fit and proper for the ends of justice".

4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.1 vide Annexure-8 and the same may be directed to be considered taking into consideration under Annexures-5 & 7 within a stipulated time, to which learned Counsel for the State has no objection.

5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.1 to consider the representation filed by the petitioner vide Annexure-8, taking into consideration Annexures-5 & 7 within a period of two (2) months from the date of production of certified copy of this order.

Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge Basudev

Location: High Court of Orissa, Cuttack Date: 07-Mar-2025 17:49:04

 
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