Fani Bhusan Choudhury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC ) Nos.3889 of 2016 Fani Bhusan Choudhury ....

Petitioner -versusState of Odisha & Others ....

Opp. Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

12.09.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard Mr. S. Das, learned counsel for the petitioner and Mr. N.N. Prusty, learned Addl. Standing Counsel. 3.

The petitioner has filed the present writ petition with the following prayer.

"to quash the letters dated 26.3.2016, 3.10.2016 and 21.10.2016 so far as the applicability of Orissa Elementary Education (Amendment) Rules, 2014 and the cut off date 1.7.2014 and the direction to fix the pay of the applicant in grade of pay of Rs.2800/- instead of Rs.4200/- and the consequential direction to recover the excess payment be quashed.

This Hon'ble Tribunal may direct the respondents not to tinker with the fixation of pay made in Grade pay of Rs.4200/- in favour of the applicants at 2nd stage of RACPS and the applicant may be allowed to reap all conseuqntial service financial benefits."

4.

It is submitted that the issue involved in the present writ petitions is covered by a decision of this Court rendered on 24.6.2022 in W.P.(C ) Nos.7281 of 2018 and W.P.(C ) No. 4848 of 2021.

// 2 // 5.

Mr. N.N. Prusty, learned Addl. Standing Counsel also submitted that the issue involved in the present case is covered by the said decision.

6.

In view of that, the present writ petition is disposed of in the light of observation/direction passed by this Court in the aforesaid case.

7.

It is further observed that if any amount has been deducted from the petitioner, the same may be refunded within a period of three months from the date of receipt of this order. 8.

The Writ Petition is accordingly disposed of. (Biraja Prasanna Satapathy) Judge sangita