The High Court of Orissa disposed of a writ petition regarding the claim for differential salary. Directing the School & Mass Education Department to decide the petitioner's representation within three months.
Direction to the Secretary, School & Mass Education Department to take a decision on the petitioner's representation within three months.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14354 of 2023
Gadadhar Barik …. Petitioner Mr. B. Satapathy, Advocate
-versus-
State of Odisha and Others
…. Opposite Parties State Counsel
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
23.06.2023
Order No.
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. The Petitioner has filed this writ petition seeking direction to the opposite Parties to release the differential salary of the Petitioner w.e.f. 01.01.2016 to 30.09.2017 under ORSP Rules, 2017 came into force 01.01.2016 pursuant to the Resolution No.26347/F dated 07.09.2017 under Annexure-3(b) within a stipulated period.
4. In course of hearing, learned counsel for the Petitioner states that highlighting the grievance, the Petitioner has made representation to Opposite Party No.1 vide Annexure-1, but no decision has yet been taken. Therefore, the same may be considered in the light of the judgment passed by this Court in Smt. Dipti Roy - v- State of Orissa and Others , reported in 2004 (II) OLR
// 2 //
718 and Bijay Ketan Khatua -v- State of Orissa and others , reported in 2015 (I) OLR 452.
4. Considering the limited grievance of the Petitioner, without expressing any opinion on the merits of the case, this Court disposes of this writ petition with a direction to the Opposite Party No.1-Secretary to Government, School & Mass Education Department, Odisha, Bhubaneswar to take a decision on the representation of the Petitioner dated 14.10.2021 as at Annexure-1 in the light of the judgments in Smt. Dipti Roy (supra) and Bijay Ketan Khatua (supra) and pass appropriate order in accordance with law within a period of three months from the date of production of authenticated copy of this order. (Biraja Prasanna Satapathy) Judge
Basudev
Signature Not Verified
Page 2 of 2
Digitally Signed Signed by: BASUDEV SWAIN Designation: Jr. Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 23-Jun-2023 16:57:51
1 issue framed by the court
Whether the representation of the petitioner regarding the release of differential salary under ORSP Rules, 2017 should be considered in light of cited judgments.
Colour shows how this judgement treated each authority
Smt. Dipti Roy - v- State of Orissa and OthersReferred¶14
2004 (II) OLR 718
Bijay Ketan Khatua -v- State of Orissa and othersReferred¶14
2015 (I) OLR 452
Gadadhar Barik
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
