Partly allowed

Artatrana Jena v. State of Odisha

Orissa HC25 Sept 2024WP(C)/1520/2020

Case brief

AI extract

What is this about?

A single judge of the High Court of Orissa disposed of a writ petition seeking pay revision and regularization of services by relying on a coordinate bench judgment in Basanta Kumar Dash, directing the court to consider the petitioner's case within three months.

What did the court decide?

Direction to consider the petitioner's regularization case in light of the Basanta Kumar Dash order within three months.

Artatrana Jena Vs State of Odisha — Service and Employment | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 1520 of 2020

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Artatrana Jena & Ors.

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..…... Petitioner(s) Mr. J.K. Lenka, Adv.

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-Versus-

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State of Odisha & Ors. ………. Opposite Parties Mr. Ch.S. Mishra, AGA

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

25.09.2024

Order No.

This matter is taken up through hybrid arrangement.

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Heard learned counsel for the parties.

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The present Writ Petition has been filed by the Petitioners with the following prayers:

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It is therefore, humbly prayed that this Hon’ble Court may graciously be pleased to issue Rule NISI calling upon the Opp. parties to show cause as to why a writ/writs in the nature of mandamus shall not be issued directing the Opp. parties to revise the scale of pay of the petitioners as per the ORSP Rules, 1998, 2008 and 2017 and to pay the arrear revised salary from the date of implementation of the aforesaid rules and further be pleased to regularize the services of the petitioners from the initial date of appointment with all consequential and financial benefits and if Signature Not Verified the Opp. parties fail to show cause or show any insufficient Digitally Signed Signed by: LITARAM MURMU causes, make the said rule absolute and may pass such Reason: Authentication or der/orders as deemed just and proper.” Location: High Court of Orissa C uttac k

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication or Location: High Court of Orissa C uttac k Date: 26-Sep-2024 18:41:08

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4 . Learned counsel for the Petitioners submits that Co-ordinate Bench of this Court has earlier decided the similar issue in the order dated 15.05.2024 passed in W.P.(C) No.2296 of 2021 ( Basanta Kumar Dash and others vrs. State of Odisha & Ors.). Hence, he submits that this Writ Petition may be disposed of in the light of the order passed in the case of Basanta Kumar Dash (supra).

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5 . Learned counsel for the Petitioners further submits that during pendency of this Writ Petition, the Petitioner Nos.1 and 2 have already been regularized and they seek extension of their salary as per the 5^th and 6^th Pay Commission.

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6 . Learned counsels for the State submit that he has no objection, if this matter is disposed of in the light of the order passed in the case of Basanta Kumar Dash (supra).

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7 . On perusal of the records and the judgment passed in the case of Basanta Kumar Dash (supra), it appears that similar issue has already been decided by this Court in the said order which was disposed of on 15.05.2024. The ordering portion of the said judgment is as follows.

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“9. Taking into consideration the fact that the Petitioners have been working for more than two decades and there exists vacancies in Class-IV posts in the office where the Petitioners are working at the moment, this Court directs the Opposite Parties to regularize the service of the Petitioners. Further, it is directed that Signature Not Verified

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Digitally Signed upon such regularization, the Petitioners be paid the dues Signed by: LITARAM MURMU Reason: Authentication including the pay revision as per the as per the 5^th and 6^th Pay Location: High Court of Orissa C uttac k Date: 26-Sep-2024 18:41:08 Commission recommdation and on the basis of the Odisha

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Murmu

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Revised Scale of Pay Rules, within a period of three months from the date of communication of a copy of this order.”

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Considering the submissions made by the learned counsel for the parties and taking into account the order dated 15.05.2024 passed in W.P.(C) No.2296 of 2021, this Court is inclined to accede to the submissions of the Petitioner. Accordingly, the case of the Petitioner No.3 be considered in the light of the aforesaid order within a period of three months from the date of presentation of a certified copy of this order.

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Accordingly, this Writ Petition is disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa C uttac k Date: 26-Sep-2024 18:41:08

Artatrana Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Artatrana Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

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