Gyanesh Prasad Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OA) No.1206 of 2015 Gyanesh Prasad Sahoo ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

20.06.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

3. The Petitioner has filed the present Writ Petition for the following reliefs.

"(i) The Hon'ble Tribunal be pleased to declare and direct that the service of applicant in the post/grade of TGT shall be counted from date of his initial joining in service against the said TGT post in Janhapand High School i.e.

w.e.f.29.01.1990, and accordingly on completion of 15 years of service in the said post/grade the applicant is to be allowed the benefit of TBA scale of pay w.e.f.28.-1.2005 under Rule 8(2) of the ORSP Rules, 1998, instead of the benefit of ACP granted to him w.e.f.01.02.2009; and (ii) The Hon'ble Tribunal on such basis be pleased to direct that the applicant shall be given all service and financial benefits including the arrears as due and admissible to him consequent upon grant of TBA scale of pay w.e.f. 28.01.2005 by way of modifying the order already passed granting him the benefit of ACP; and

// 2 // (iii) The Hon'ble Tribunal be pleased to pass such other order/orders as is deemed fit and proper under the facts and circumstances of the case."

4. The Petitioner has moved before Opposite Party No.3 seeking redressal of his grievances as made in the representation dated 03.12.2014 under Annexure-4 to the Writ Petition. 5.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No.3 to take a decision on the above noted representation of the petitioner in accordance with law within a period of three months from the date of receipt of certified copy of this order and communicate the result thereof to the Petitioner.

6. With the aforesaid observation and direction, the Writ Petition along with the connected matter listed for today is disposed of. (Biraja Prasanna Satapathy) Judge Sneha