Badri Narayan Ray v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26702 of 2021 Badri Narayan Ray ....
Petitioner Mr. Bijaya Kumar Behera-1, Adv.
-versusState of Odisha and Ors.
....
Opposite Parties Ms. Suman Pattanayak, AGA
CORAM:
MR. JUSTICE S.K. PANIGRAHI
ORDER
04.04.2022 Order No.
04.
1. This matter is taken up through hybrid arrangement.
2. Heard.
3. In this writ petition, the petitioner seeks a direction from this Court to the opposite parties to pay the Time Bound Advancement Scale of Pay to him with effect from 08.08.1999 i.e. the date of completion of fifteen years of service and the arrear amount of Time Bound Advancement Scale of Pay.
4. Ms. Suman Pattanayak, learned Additional Government Advocate for the State submits that she has received instructions vide letter No.39890 dated 01.10.2021 issued by the Director, Higher Education, Odisha, Bhubaneswar addressed to the office of the learned Advocate General, Odisha, Cuttack. The contents of the said letter are quoted hereunder:
"xx xx xx xx In inviting a reference to your letter No.37113(2), dtd. 07.09.2021 on the subject cited above and to say that the Hon'ble High Court vide their order dated 19.10.2011 have directed to the opposite parties to pay the Time Bound Advancement Scale of Pay to the petitioner w.e.f. 08.08.1999 i.e. the date he has completed fifteen
// 2 // years of service. The arrear amount of Time Bound Advancement Scale payable to the petitioner shall be paid to him within a period of two months from the date of communication of this order and the opposite parties shall continue to pay the Time Bound Advancement Scale of Pay to the petitioner at the same rate.
A Writ Appeal bearing No.246/2014 was filed by the State Government against the order dtd. 19.10.2011 and the Hon'ble High Court vide their order dtd.06.12.2018 have dismissed the said Writ Appeal.
In compliance to the order o Hon'ble High Court, Time Bound Advancement Scale of Pay w.e.f. 08.08.1999 has been sanctioned vide this Department office order No.39545/HE Dtd. 29.09.2021. Copy of the office order is enclosed for kind reference. For payment of the arrear claims of the petitioner Sri Badri Narayan Ray, the Principal of SG College, Kanikapada, District- Jajpur, has been instructed to calculate the amount payable after sanction and send the requirement to this Department for release of fund.
Further, the Principal has been requested to send the pay fixation proposal of Sri Ray to the Regional Director of Education immediately. After pay fixation, the arrear amount payable shall be released immediately on requisition of the requirement by the Principal.
Xx xx xx"
5. Since the grievance of the petitioner has been addressed at the behest of the Government of Odisha, Department of Higher Education, this writ petition stands disposed of.
6. Urgent certified copy of this order be granted on proper application.
( S.K. Panigrahi) Judge BJ