Disposed

Surendra Prasad Nayak v. State of Orissa

Orissa HC23 Jun 2023WP(C)/14357/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a writ petition seeking direction to release differential salary. The Court directed the State to decide the petitioner's representation based on precedent within three months without expressing an opinion on merits.

What did the court decide?

Direction to Secretary to Government, School & Mass Education Department, Odisha, to decide petitioner's representation within three months.

Surendra Prasad Nayak Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.14357 of 2023

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…. Petitioner Surendra Prasad Nayak Mr. B. Satapathy, Advocate

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-versus-

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State of Odisha and Others

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…. Opposite Parties State Counsel

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

23.06.2023

Order No.

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel for the parties.

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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.

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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

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// 2 //

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718 and Bijay Ketan Khatua -v- State of Orissa and others , reported in 2015 (I) OLR 452.

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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

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Basudev

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Signature Not Verified

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Page 2 of 2

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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

Surendra Prasad Nayak v. State of Orissa

Case brief

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Surendra Prasad Nayak v. State of Orissa

Case brief

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