Chhatrapati Mohanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No. 30997 of 2022 Chhatrapati Mohanta .....

Petitioner Mr. S. Samal, Advocate Vs.

State of Odisha and others .....

Opposite parties Mr. S. Jena, SC, S&ME Deptt.

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

29.11.2022 Order No.

This matter is taken up through hybrid mode.

2.

Heard.

3.

The petitioner has filed this writ petition seeking for direction to opposite parties to allow the benefit of trained graduate scale of pay on attaining the age of 48 years.

4.

Learned counsel for the petitioner contended that similar question has already been adjudicated by the learned Single Judge in Radharani Samal vrs. State of Orissa, 2017(I) ILRCUT-546 which has been affirmed by the Division Bench of this Court by dismissing Writ Appeal No.176 of 2017 preferred by the State vide order dated 30.04.2019. Therefore, the case of the petitioner is squarely covered by the judgment passed by this Court in Radharani Samal (supra).

5.

Learned Standing Counsel for School and Mass Education Department admits the contentions raised by the learned counsel for the W.P.(C) No.10765 of 2019 petitioner. He contended that direction may be issued to consider the case of the petitioner in the light of judgment passed by this Court in Radharani Samal (supra) which has been affirmed by the Division Bench of this Court vide order dated 30.04.2019 by dismissing Writ Appeal No.176 of 2017 preferred by the State.

6.

Considering the contentions raised by learned counsel for the parties and after going through the records, this Court disposes of the writ petition directing the opposite parties to consider the case of the petitioner in the light of the ratio decided by this Court in Radharani Samal (supra) as expeditiously as possible preferably within a period of four months from the date of production of this order.

7.

Urgent certified copy of this Court be granted on proper application. Arun (DR. B.R. SARANGI, J.)