In this writ petition, the petitioner sought a graduate scale of pay and arrears relying on Radharani Samal v State of Orissa. The Standing Counsel admitted the contentions. The Single Judge directed the opposite parties to consider the petitioner's case in line with the cited ratio within four months.
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W.P.(C) No. 489 of 2021
Heard Mr. C.R. Pattnaik, learned counsel for the petitioner and Mr. B.Mohanty, learned Standing Counsel for School and Mass Education Department.
The petitioner has filed this writ petition seeking direction to the opposite parties to grant trained graduate scale of pay from the date on which he has attained the age of 48 years as his case is covered by the ratio decided in the case of Radharani Samal vrs. State of Orissa , 2017(I) ILR-CUT-546, and government decision dated 16.04.2010 and to calculate the differential arrears and to pay the same to the petitioner within a stipulated period.
Mr. T.K. Nayak, 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).
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 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 production of authenticated copy of this order.
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Dr. B.R.Sarangi, J
GDS
2 issues framed by the court
Whether the petitioner should be granted trained graduate scale of pay from the date of attaining the age of 48 years based on the ratio of Radharani Samal v State of Orissa.
Whether differential arrears should be calculated and paid to the petitioner within a stipulated period.
Colour shows how this judgement treated each authority
Radharani Samal v State of OrissaReferred¶4
Radharani Samal vrs. State of Orissa, 2017(I) ILR-CUT-546 · Who else cites this
Writ Appeal No.176 of 2017Referred¶5
Writ Appeal No.176 of 2017
Petitioner
School and Mass Education Department
Dr. B.R.Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
