Ballav Charan Nayak Vs State of Orissa

W.P.(C) No. 23618 of 2019

02 04.12.2019

Heard Mr. Ranjit Samal, learned counsel for the petitioner.

The petitioner has filed this writ petition seeking for a direction to the State opposite parties to implement the notification dated 20.09.2017, i.e., Odisha Revised Scale of Pay, 2017 (7^th Pay Commission) for the Govt. of Odisha, Finance Department w.e.f. 01.01.2016 and extend the benefits to the employees of non-Govt. Aided Educational Institutions at par with Government employees.

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Mr. Ranjit Samal, learned counsel for the petitioner submits that as per the aforesaid resolution though benefits have been extended to the petitioner from 01.10.2017, but he is entitled to such benefits with effect from 01.01.2016 to September, 2017, since the scale of pay has been fixed notionally for the said period. In course of hearing, learned counsel for the petitioner states that highlighting the grievance, the petitioner has made representation to opposite party no.1 vide Annexure-3, but no decision has yet been taken. Therefore, the same may be considered in the light of the judgment passed by this Court in Smt. Dipti Roy v. State of Orissa and others, 2004 (II) OLR 718 and Bijay Ketan Khatua v. State of Orissa and others, 2015(I) OLR 452.

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Considering the limited grievance of the petitioner, without expressing any opinion on the merits of the case, this Court disposes of this writ petition directing opposite party no.1 to take a decision on the representation filed by the petitioner vide Annexure3 in the light of the judgments in Smt. Dipti Roy and Bijay Ketan Khatua (supra) and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy this order.

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Issue urgent certified copy as per Rules.

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.….……………………

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Dr. B.R. Sarangi, J

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Alok

Ballav Charan Nayak v. State of Orissa

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Ballav Charan Nayak v. State of Orissa

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