Review petition challenging an order denying salary entitlement to a Headmaster dismissed. Court distinguished a coordinate bench review on similar facts where the question of law was left open, holding the present petition lacked merit.
Review petition dismissed; the questioned order stands affirmed.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No.138 of 2015
State of Orissa & Ors.
…. Petitioners
Mr. P.C.Das,A.S.C.
-versus-
Ananda Ch. Kar
…. Opposite Party Mr. S.K.Mishra, Advocate
CORAM: JUSTICE A.K.MOHAPATRA
Order No.
ORDER 12.10.2023
// 2 //
writ petition was directed to calculate the entitlement of the writ petitioner for the period for which he had discharge his duty in-charge headmaster and to pay such salary to him after deducting the amount which have already been paid to the writ petitioner. After disposal of the above noted writ application the present review petition has been filed.
“We are not inclined to interfere with the impugned judgment through we have reservation on certain portions relating to the law of precedence, for the reason that the respondent was working at the post of the Head Master even before the school
Page 2 of 3
// 3 //
was granted and by the appellant-State of Orissa. The respondent had acquired B.Ed degree in 1994 and he has been granted the pay-scale as applicable to the Head Master from 200 that is after completion of seven years of service. From 1994 till today, the respondent has performed and worked as Head Master. We exercise our discretion not to interfere and, therefore, we observe that the question of law is left open.
Recording the above, the special leave petition is dismissed.”
inclined to this review petition, accordingly the same is
dismissed.
(A.K. Mohapatra)
Judge
Rubi
Signature Not Verified
Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 30-Oct-2023 10:24:52
Page 3 of 3
2 issues framed by the court
Whether the review petition challenging the order denying Headmaster salary entitlement to the petitioner has merit given the decision in a coordinate bench review regarding similar facts.
Whether the order passed in a coordinate bench regarding the same issue should be distinguished or applied to the present case.
Colour shows how this judgement treated each authority
Dillip Kumar Sahoo and others Vs. State of Orissa and othersDistinguished¶14
Dillip Kumar Sahoo and others Vs. State of Orissa and others, reported in 2008 (I) OLR 162
Selva Raj Vs. Lt. Governor of Island, Port Blair and othersReferred¶14
Selva Raj Vs. Lt. Governor of Island, Port Blair and others, reported in AIR 1999 SC 838 · Who else cites this
State of Odisha Vs. Kedarnath NayakDistinguished¶17
State of Odisha Vs. Kedarnath Nayak
State of Orissa & Ors.
Ananda Ch. Kar
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
