The High Court disposed of a writ petition by directing the opposite parties to consider the petitioner's case in accordance with the apex court judgment in Pabitra Mohan Das within three months, with the respondent having no objection.
Direction to opposite parties to consider petitioner's case in light of Pabitra Mohan Das judgment within three months.
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W.P.(C) No. 4096 of 2011
Heard learned counsel for the petitioner and Mr. B. Satpathy, learned Standing Counsel for School and Mass Education Department.
The petitioner files this application seeking for a direction to the opposite parties to allow him to avail his monthly salary in the Headmaster Scale of Pay with effect from the date he acquired 7 years of teaching experience as a Trained Graduate Teacher and release all service and consequential benefits.
Learned counsel for the petitioner submits that similar question has been considered by this Court and thereafter the apex Court has made it confirmed in Pabitra Mohan Das etc. v. State of Orissa & Ors , AIR 2001 SC 560. In view of the law decided by the apex Court, there is no need for further adjudication of the matter. Therefore, the writ petition may be disposed of in the light of judgment passed in Pabitra Mohan Das etc (supra).
Mr. B. Satpathy, learned Standing Counsel for the School and Mass Education Department submits that he has no objection for such disposal.
Considering the contention raised by learned counsel for the parties and on perusing the record, this Court disposes of the writ petition with the direction to the opposite parties to consider the case of the petitioner in the light of judgment passed in Pabitra Mohan Das (supra) within a period of three months from the date of receipt of this order.
With the aforesaid observation and direction, the writ petition is disposed of.
Issue urgent certified copy as per rules.
Ashok
Alok
1 issue framed by the court
Whether the petitioner should be allowed to avail Headmaster scale of pay with effect from the date of acquiring 7 years of teaching experience as Trained Graduate Teacher and consequential benefits.
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Pabitra Mohan Das etc. v. State of Orissa & Ors.Relied on¶5
Pabitra Mohan Das etc. v. State of Orissa & Ors., AIR 2001 SC 560 · Who else cites this
The Petitioner
School and Mass Education Department
Ashok
Alok
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ashok and Alok
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