Jhatu Charan Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.1029 of 2015 Jhatu Charan Jena ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

28.06.2022

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

2. Heard Mr. N. Sarkar, learned counsel for the Petitioner and Mr. Mohanty, learned AGA.

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

"(i) Directing pay protection of the scale of pay of Headmaster/Headmistress from the date of engagement as in-charge Headmaster till the regular Headmaster w.e.f. 04.09.2012 to 25.6.2014 (ii) Direct the Respondents/Authorities to count the date of entry into service of the applicant as a Trained Graduate Teacher towards the seniority in Jr.SES cadre upon merger of Trained Graduate Teachers, both the old Govt. High Schools and new Govt. High Schools with all consequential service and financial benefits."

4. It is submitted by Mr. Mohanty, learned AGA that the issue involved in the present writ petition has already been decided by the Hon'ble Apex Court in the case of Pabitra Mohan Dash Vs. State

// 2 // of Orissa & Others passed in Civil Appeal No.3190 of 1999 and 4670 of 1999.

5. In view of the decision of the Hon'ble Apex Court, the Petitioner is not entitled to get the benefit as prayed for.

6. Accordingly, the Writ Petition is dismissed. (Biraja Prasanna Satapathy) Judge Sneha