The Division Bench directed the contrasting parties to consider the petitioner's case for disbursement of salary arrears under Trained Graduate scale within four months, relying on the precedent of Radharani Samal.
Direct opposite parties to consider the petitioner's case for salary disbursement within four months.
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W.P.(C) No.24137 of 2020
This matter is taken up through Video Conferencing.
Heard the submissions of learned counsel for the petitioner and learned Standing Counsel for School and Mass Education Department.
The petitioner has filed this Writ Petition seeking for direction to opposite parties to take immediate steps to disburse the differential arrear salary as well as current monthly salary in Trained Graduate scale of pay to the petitioner from the date of attaining the age of 48 years, i.e. from 19.10.2017 on the basis of the S.M.E. Dept. Resolution dated 18.02.2008 and Letter No.6259 dt.16.04.2010 as well as the Letter No.1772 dt.11.01.2011 of the Director of Secondary Education, Odisha and the Rules as well as order passed in the case of Radharani Samal Vs . State of Odisha & others , reported in 2017 (I) ILR-CUT-546 as well as the order dated 30.04.2019 in W.A. No.176 of 2017 as well as the order dated 16.09.2019 in S.L.P. No.22314/2019 within a stipulated period.
Learned counsel for 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).
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
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in the light of judgment passed by this Court in 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.
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 communication of copy of this order by the petitioner.
The Writ Petition thus stands disposed of.
Petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notification No.4587 dated 25.3.2020.
………………………… (Biswanath Rath, J.)
Ayas
2 issues framed by the court
Whether to direct: direction to disburse differential arrear salary and current monthly salary to the petitioner.
Whether to consider the petitioner's case under school service rules.
Colour shows how this judgement treated each authority
Radharani Samal Vs. State of Odisha & othersRelied on¶5
Radharani Samal Vs. State of Odisha & others, 2017 (I) ILR-CUT-546 · Who else cites this
Writ Appeal No.176 of 2017Followed¶6
S.L.P. No.22314/2019Followed¶6
Petitioner
School and Mass Education Department
Biswanath Rath
As recorded by the court registry
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