Sarat Chandra Ray Vs State of Odisha

W.P.(C) No. 18336 of 2020

07.12.2020 The matter is taken up through video conferencing.

Heard Mr. S. Swain, learned counsel for the petitioner and Mr. B. Mohanty, learned Standing Counsel for School and Mass Education Department.

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The petitioner has filed this writ petition seeking direction to the opposite parties no.2 and 3 to grant trained graduate scale of pay from the date of attaining the age of 48 years with all consequential benefits within a stipulated period.

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Mr. S. Swain, learned counsel for the petitioner contended that similar question has already been adjudicated by the learned Single Judge in Radharani Samal vrs. State of Orissa , 2017(I) ILR-CUT-546, which has been affirmed by the Division Bench of this Court by dismissing Writ Appeal No.176 of 2017 preferred by the State, vide order dated 30.04.2019. Therefore, the case of the petitioner is squarely covered by the judgment passed by this Court in Radharani Samal (supra).

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Mr. B. Mohanty, learned Standing Counsel for School and Mass Education Department admits the contentions raised by the learned counsel for the petitioner. He contended that direction may be issued to consider the case of the petitioner in the light of judgment passed by this Court in

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Radharani Samal (supra) which has been affirmed by the Division Bench of this Court vide order dated 30.04.2019 by dismissing Writ Appeal No.176 of 2017 preferred by the State.

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Considering the contentions raised by learned counsel for the parties and after going through the records, this Court disposes of the writ petition directing the opposite parties to consider the case of the petitioner in the light of the ratio decided by this Court in Radharani Samal (supra) as expeditiously as possible preferably within a period of four months from the date of production of authenticated copy of this order.

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…………………….… Dr. B.R.Sarangi, J

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Alok

Sarat Chandra Ray v. State of Odisha

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Sarat Chandra Ray v. State of Odisha

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