Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.869 of 2025
Dusmanta Kumar Pattanaik … Petitioner
Mr. U.K. Sahoo, Advocate -versus- State of Odisha & Others … Opp. Parties Mr. A. Tripathy, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 14.02.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Heard learned counsel for the parties.
3. The petitioner has filed the present writ petition with the following prayers:
“(A) Issue a writ of certiorari or any appropriate writ, order or direction quashing the action/inaction of the opposite parties in denying the petitioner his rightful financial benefits and salaries for the period from 26.07.2014 to 05.03.2020 as NOTIFICATION No.278/SME, dated 04.01.2024 (ANNEXURE-6) and subsequent executive orders based on Annexure-6,
(B) Direct the opposite partiers to grant pay fixation and disburse differential arrears for the period from 26.07.2014 to 05.03.2020 in line with the applicable pay band and grade pay of a regular Assistant Teacher, along with all consequential service benefits within a time frame as deemed fit and proper by this Hon’ble Court and declare the denial of financial benefits during the period the said period as unconstitutional, arbitrary and in violation of Articles 14 and 39(d) of the Constitution of India,
(C) Direct the opposite parties to treat the petitioner’s services with effect from 11.07.2008, for all purposes, including counting terminal benefits and pension under the New Pension Scheme (NPS) in accordance with the applicable rules and judicial precedents, and
(D) Grant any relief deemed fir and proper in the facts and circumstances of the case.
4. However, taking into account the claim raised in the present writ petition, liberty is granted to the petitioner to make a detailed representation before opposite party no.2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.
5. It is observed that if such a representation is filed within the aforesaid period, opposite party no.2 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by opposite party no.2 be communicated to the petitioner.
6. With the aforesaid observation and direction, the writ petition is disposed of.
(Biraja Prasanna Satapathy)
Judge
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