Writ petition sought direction to release salary components per Grant-in-Aid Order, 1994. Court left merits open pending a representation by the petitioner. Directed opposite party to examine the case in light of cited ratios.
Court stayed further proceedings contingent upon filing a representation by petitioner within two weeks.
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WPC NO.23292 of 2015
04.01.2016 Heard Mr. S.Biswal, learned counsel for the petitioner and Mr.A.K.Mishra, learned Addl.
Govt. Advocate for the State.
The petitioner, who is working as Sweeper in Kishorenagar Junior college, Rajkishorenag
ar in the district of Angul has filed this petition seeking for a direction to the opposite pa
rties to release his salary components as per the provisions of the Grant-in-Aid Order, 1994 w
ithin a stipulated period.
Mr.S.Biswal, learned counsel for the petitioner submitted that the grievance of the pet
itioner is squarely covered by the ratio of the judgment decided by this Court in Prafulla Kum
ar Sahoo v. State of Orissa and others, 2003(I) OLR 91, which has been confirmed by the apex C
ourt in Civil Appeal No. 4389 of 2006 and Chitaranjan Mohapatra and others v. State of Orissa
and others, 2011 (I) OLR 732.
Mr.A.K.Mishra, learned Additional Government Advocate states that the relief sought for
by the petitioner in viewe of the judgment passed in Prafulla Kumar Sahoo (supra) and Chitara
njan Mohapatra and others (supra) is not applicable to the present case.
In view of the above, without expressing any opinion on the merits of the case, this Co
urt disposes of the writ petition with an observation that in case the petitioner files a repr
esentation before opposite party no.1 within a period of two weeks from today highlighting his
grievance along with authenticated xerox copies of the decision of this Court in the case of
Prafulla Kumar Sahoo (supra) and Chitaranjan Mohapatra and others (supra), in such event the
said opposite party shall examine the case of the petitioner in the light of the ratio decided
in the aforesaid cases and if it is found that the case of the petitioner is squarely covered
by the aforesaid decision, shall pass necessary orders in accordance with law as expeditiousl
y as possible, preferably within a period of two months from the date of filing of such repres
entation.
Issue urgent copy as per Rules.
Alok
2 issues framed by the court
Whether the petitioner is entitled to release of salary components as per the Grant-in-Aid Order, 1994 given prior judgments.
Whether the ratio of Prafulla Kumar Sahoo and Chitaranjan Mohapatra applies to the present facts.
Colour shows how this judgement treated each authority
Prafulla Kumar Sahoo v. State of Orissa and othersReferred¶3
2003(I) OLR 91
Confirmation of Prafulla Kumar SahooReferred¶3
Civil Appeal No. 4389 of 2006
Chitaranjan Mohapatra and others v. State of Orissa and othersReferred¶3
2011 (I) OLR 732
1 provisions across 1 enactments
The Petitioner
Directions to opposite parties
Alok
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court