Orissa High Court
Rabinarayan Mohanty vs State Of Odisha & Ors. .... Opposite ... on 12 May, 2023
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 7329 of 2020
Rabinarayan Mohanty .... Petitioner
Mr. B.B. Mohanty, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. S. Rath, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
12.05.2023 Order No
11. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. B.B. Mohanty, learned counsel for the Petitioner and Mr. S. Rath, learned Addl. Standing Counsel appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia with the main ground that even though the order passed by the Tribunal on 05.08.2013 in O.A. No. 1089 of 2009 so confirmed by this Court as well as by the Hon'ble Apex Court was implemented by extending the benefit of promotion in favour of the Petitioner to the rank of Sr. S.E.S w.e.f.01.11.1993 in the scale of pay Rs.1700/- -Rs. 3200/- vide order dtd.14.01.2019 under Anenxure-4, but the direction to extend service and financial benefit attached to the post of Headmaster w.e.f.01.11.1993 has not yet been extended. It is accordingly contended that the order passed by the Tribunal since // 2 // has not complied in full, the Petitioner is compelled to approach this Court in the present writ petition.
4. Even though no counter has been filed, but Mr. Rath, learned ASC contended that the order passed by the Tribunal has been implemented vide order dtd.14.01.2019 under Annexure-4 by allowing the benefit of promotion to the Petitioner to the rank of Sr. S.E.S. w.e.f.01.11.1993 in the prescribed scale of pay. It is further contended that if the Petitioner is otherwise eligible to get any other financial and service benefit in terms of the said order, the Petitioner may approach the concerned Authority for release of the same.
5. Having heard learned counsel for the Parties and taking into account the submissions made as well as the materials available on record, this Court finds that the Tribunal disosed of O.A. No. 1089 of 2009 vide order dtd.05.08.2013 under Annexure-1. Relevant portion of order dtd.05.08.2013 is reproduced under:-
"In view of the same, the O.A. is allowed. The impugned order of rejection at Annexures-8 and 16 dated 07.09.1995 and 22.08.2008, respectively are quashed. Respondents are directed to regularize the service of the applicant in the Sr. SES cadre with effect from 01.11.93, i.e. the date of taken over of Somanath Practising High School, Bhanjanagar by reckoning the period of service of the applicant from 30.09.1986 to 20.07.1987 as TGT teacher rendered in Kalinga High School for the purpose of computing seven years as on 01.11.1993 and give all service and financial benefits attached to the post of Headmaster."Page 2 of 3
// 3 //
6. It is found from Annexure-1 that in terms of the said order the Petitioner was given the benefit of promotion to the rank of Sr. S.E.S. w.e.f.01.11.1993 in the scale of pay Rs.1700/- -Rs. 3200/- with consequential service and financial benefits as per Govt. Rules.
7. Considering the submissions made by Mr. Mohanty that all the service and financial benefits attached to the post of Headmaster in terms of the order passed by the Tribunal has not been extended as yet, this Court directs the Opp. Party No. 1 to take a decision on the Petitioner's claim with regard to non-extension of the service and financial benefits in terms of the order passed by the Tribunal as due and admissible within a period of three (3) months from the date of receipt of this order.
8. The writ petition is accordingly disposed of.
(Biraja Prasanna Satapathy) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: Cuttack Date: 15-May-2023 19:43:52 Page 3 of 3