Petitioner sought salary release as a Peon in Kishorenagar Junior college. Court disposed of petition after observation to examine case merits via representation, though it did not decide the merits.
Direction to file representation compelling opponent to examine grievance based on cited precedents within two weeks.
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WPC NO.23293 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 Peon (5th post) in Kishorenagar Junior college, Rajki
shorenagar in the district of Angul has filed this petition seeking for a direction to the opp
osite parties to release his salary components as per the provisions of the Grant-in-Aid Order
, 1994 within 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
1 issue framed by the court
Whether directions are necessary to release salary components as per the Grant-in-Aid Order, 1994.
Colour shows how this judgement treated each authority
Prafulla Kumar Sahoo v. State of Orissa and othersReferred¶3
Prafulla Kumar Sahoo v. State of Orissa and others, 2003(I) OLR 91
Chitaranjan Mohapatra and others v. State of Orissa and othersReferred¶4
Chitaranjan Mohapatra and others v. State of Orissa and others, 2011 (I) OLR 732
Petitioner
State
Alok
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court