Mohan Charan Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OA) No. 2421 of 2016 Mohan Charan Sahu .....

Petitioner Mr. S.P. Pati, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr. Samal, Standing Counsel for S&ME Department

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

10.08.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. S.P. Rath, learned Counsel for the Petitioner and Mr. Samal, learned Standing Counsel for School & Mass Education Department.

3.

The Petitioner has filed this Writ Petition seeking to quash the order dated 27.09.2016 under Annexure-5 and further seeks to direct the Opposite Parties not to recover anything from the Petitioner pursuant to Annexure-5 for the period worked as Zilla Parishad Regular Teacher (ZPRT) by virtue of Annexure-2 series. 4.

Learned Counsel for the Petitioner contended that the issue involved in this Writ Petition is covered by the Order dated 03.07.2019 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 2420 of 2016, wherein it was directed that the seniority of the applicants be calculated with effect from 01.01.2005 as SSS, but there shall be no recovery of pay which they have drawn as Primary School Teacher till it was post-dated vide Annexure-5, i.e. the differential period from their previous

appointments as Primary School Teacher and, subsequent modified appointment as Primary School Teacher.

5.

Learned Standing Counsel for the School and Mass Education Department has no objection to the aforesaid submission of learned Counsel for the Petitioner.

6.

In view of the above, this Writ Petition stands disposed of in terms of the order dated 03.07.2019 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 2420 of 2016. Arun (DR. B.R. SARANGI) JUDGE