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Jagadish Bhati Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2022)

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Orissa HC
2022
Jagadish Bhati Vs State of OdishaJagadish Bhati v. State of Odisha

Partly allowed

Jagadish Bhati v. State of Odisha

Orissa HC6 Dec 2022WP(C)/32837/2022

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking a direction to avail the benefit of the trained graduate scale of pay at age 48. The Court disposed of the petition directing the respondent to consider the case in light of precedent and pass an appropriate order within three months.

What did the court decide?

Direction to the State of Odisha to consider the petitioner's case in light of judgment in Radharani Samal and Akhaya Kumar Nayak and pass appropriate order within three months.

What the court decided

AI extract

Outcome

Direction to the State of Odisha to consider the petitioner's case in light of judgment in Radharani Samal and Akhaya Kumar Nayak and pass appropriate order within three months.

Issue for consideration

Whether the petitioner is entitled to avail the benefit of trained graduate scale of pay upon attaining the age of 48 years.

Detailed headnote1 paragraphs

The petitioner was directed to be considered for the benefit of the trained graduate scale of pay on attaining the age of 48 years in light of prior judgments of this Court. The respondent authority is directed to pass an appropriate order within three months.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 32837 of 2022

Jagadish Bhati

….. Petitioner

Mr.S. Mishra,, Advocate

Vs.

State of Odisha and others

….. Opposite Parties Mr. S. Jena, Standing Counsel S&ME

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

06.12.2022

Order No. This matter is taken up through hybrid mode. 01.

Heard learned counsel for the parties.

The petitioner has filed this writ petition seeking direction to the opposite parties to allow the petitioner to avail the benefit of trained graduate scale of pay on attaining the age of 48 years.

Learned counsel for the petitioner contended that the case of the petitioner is covered by the judgment of this Court in the case of Radharani Samal v. State of Orissa , 2017 (I) ILR-CUT-546 and Akhaya Kumar Nayak v. State of Odisha and Ors. (W.P.(C) No. 5480 of 2021 disposed of on 04.08.2022). Therefore, this writ petition may be disposed of in the light of the aforesaid order.

Learned Standing Counsel for School and Mass Education Department does not dispute the position.

In the above view of the matter, this writ petition stands disposed of directing the opposite parties-authority to consider the case of the petitioner in the light of the judgment passed by this Court in the cases of Radharani Samal and Akhaya Kumar Nayak (supra), and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of this order.

Issue urgent certified copy as per rules.

Arun

(DR. B.R. SARANGI, J.)

Page 1 of 1

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner is entitled to avail the benefit of trained graduate scale of pay upon attaining the age of 48 years.

Cases cited

Colour shows how this judgement treated each authority

AI extract

Radharani Samal v. State of OrissaRelied on¶16
Radharani Samal v. State of Orissa, 2017 (I) ILR-CUT-546 · Who else cites this
Akhaya Kumar Nayak v. State of Odisha and Ors.Relied on¶16
Akhaya Kumar Nayak v. State of Odisha and Ors. (W.P.(C) No. 5480 of 2021)

Parties & counsel

AI extract

petitioner
Jagadish Bhati
respondent
State of Odisha

Coram

AI extract

B.R. Sarangi

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 6 Dec 2022 · December
Registered: 2 Dec 2022
Case no.: WP(C)/32837/2022
CNR: ODHC010835332022
Topic: Pension and Retirement Benefits
Bench: B.r.sarangi
Disposal: Disposed Off

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Cite this judgement

Jagadish Bhati v. State of Odisha, WP(C)/32837/2022 (OD), decided on 6 December 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

Radharani Samal v. State of OrissaRelied on¶16
Akhaya Kumar Nayak v. State of Odisha and Ors.Relied on¶16

Open Authorities

Bench / Coram

B.R. Sarangi

Parties & counsel