Laxmipriya Satpathy Vs State and Anr.

“ The petitioners therefore most humbly pray that this Hon'ble court be graciously pleased to issue notice calling upon the opposite parties to show cause as to why Annexure 3 (Notification) shall not be quashed.

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And/or in the alternative direct that the same privilege be also extended to the petitioner's and they be made eligible to receive Senior Scale from

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date they completed 5 years from their date of appointments.

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And if the opposite parties fail to show cause or show insufficient case to make the said rule absolute by issuance of appropriate writ/ writs, order/direction as deem fit and proper.

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And/ or to pass such other order(s), direction(s) as this Hon'ble court deems just equitable and proper in the facts and circumstances of the present case.

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And for this act of kindness the petitioner shall as in duty bound ever pray.”

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It has been submitted by learned counsel for the petitioners that the issue involved in this writ petition is same to the factual aspects involved in the case is squarely covered by a judgment rendered by this Court in the case of Dr. Ashok Ku. Mohanty Vrs. State of Odisha (W.P. (C) No. 16151 of 2019) decided in the case of W.P.(C). No. 1975 of 2024 and in followed in Bidyutananda Bastia Vrs. State of Odisha reported in 2024 (II) ILR CUT-1250. In the case of Bidyutananda Bastia (supra) this Court, inter alia, held as

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follows:

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“After going through the submissions and the judgment rendered in the case of Dr. Ashok Kumar Mohanty (supra), this Court finds this case to be squarely covered by the principles laid therein. To amplify, it would be iniquitous to discriminate the petitioner by deducting 5 years from his approved date of joining while calculating the period required for being eligible to draw Career Advancement Scale. As such, the approved date of joining being accepted as 10.08.1985, he

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would be entitled to Senior Lecturer Scale with effect from 10.08.1993.”

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The State Government also admitted that it is squarely

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covered under the aforementioned judgment. However placed his stand that the petitioners having been appointed by the management cannot be equated with the candidates sponsored by the State Selection Board and therefore, she can be considered for the higher scale of pay only after deducting 5 years from the date of approval.

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Therefore in the instant case, admittedly, the petitioner no.1 placement in the reader scale of pay was w.e.f. 16.08.1999 and petitioner no.2 placement in the senior scale of pay was w.e.f 01.01.1993. The petitioners have never questioned the said placement at any point of time. Therefore, it would be just and proper to reckon the period of 8 years from that date 16.08.1999 & 01.01.1993 respectively.

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The writ application is therefore, disposed of directing the concerned authorities to pass necessary orders to place the petitioner no. 1 in the Professor scale of pay under the Career Advancement Scheme on completion of 8 years of service w.e.f. 16.08.1999 and petitioner no. 2 in the Reader scale of pay under the Career Advancement Scheme on

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completion of 8 years of service w.e.f. 01.01.1993 along with all consequential benefits. Necessary order, in this regard shall be passed within two months from the date of

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production of certified copy of this order by the petitioner.

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……..…………………..

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Sashikanta Mishra, Judge

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Deepak

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Signature Not Verified

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Digitally Signed Signed by: DEEPAK PARIDA Designation: Junior Stenographer Reason: Authentication Location: OHC,Cuttack Date: 15-Jan-2025 17:30:59