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2025 DAILYLAW 8530 (ORI)

BHIMASEN PARIDA v. STATE OF ODISHA

WP(C)/1018/2025 · 2025-02-13

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1018 of 2025 Bhimasen Parida …. Petitioner Mr. P. Panda, Advocate -versus- State of Odisha & Others …. Opp. Parties Mr. C.K. Pradhan, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 13.02.2025 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 inter alia with the following prayer: - “It is therefore, most humbly prayed that this Hon’ble Court be graciously pleased to i) Admit the writ application. ii) Call for the record. iii) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the opposite parties to extend salary and other allowances at par with the similarly regular teachers working in Government Primary and Upper Primary Schools befitting to their qualification and training. Issue Rule Nisi calling upon the opposite parties to show cause as to why the action of the opposite parties in not extending the service benefit shall not be declared as illegal and arbitrary in the eye of law. If the Opposite parties fail to show cause or show p. 2 p. 2 insufficient cause issue appropriate order/orders directing declaring the decision and action of the opposite parties, particularly the State Government issued from time to time in fixing a consolidated remuneration of teachers treating them to be Sikshya Sahayak instead of allowing them the regular scale of pay of teachers to be contrary to the provisions of the Children to Free and Compulsory Education Act, 2009 and Rules framed thereunder.” 4. Considering the nature of prayer made in the Writ Petition, this Court finds that petitioner was initially engaged as a Sikshya Sahayak and subsequently regularized as a Jr. Teacher and as Level-V Assistant Teacher with prescribed Scale of Pay. In view of such position, prayer made in the Writ Petition as per the considered view of this Court is completely misconceived and it is not entertainable. 5. The Writ Petition accordingly stands dismissed. (Biraja Prasanna Satapathy) Judge Basudev Designation: SR. STENO