State of Odisha and others v. Sudhansu Sekhar Rout and another). The
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.835 of 2024 State of Odisha and others Balaram Dash …. Appellants Mr. Bimbisar Dash, AGA -versus- Respondent Mr. Laxmikanta Mohanty, Advocate ….
Decision
CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 12.12.2024 Order No. 05. This matter is taken up through Hybrid mode. 2. This intra-Court appeal has been filed on behalf of the State of Odisha-appellants putting to challenge an order dated 15.12.2022 passed by a learned Single Judge of this Court in W.P.C.(OAC) No.2482 of 2017. 3. We have heard Mr. Bimbisar Dash, learned Additional Government Advocate appearing for the State of Odisha-appellants and Mr. Laxmikanta Mohanty, learned counsel for the respondent. 4. It would be apt to briefly take notice of the admitted facts leading to filing of the writ application by the respondent and its disposal by the impugned order dated 15.12.2022. 5. The respondent was appointed as a Classical Teacher on 15.07.1982 after undergoing a selection process conducted by Page 1 of 5 Managing Committee. As the respondent had B. Ed qualification, he was promoted to the post of Junior SES cadre on 06.06.2006. The State of Odisha came out with a resolution dated 05.09.2011 to grant TG Scale to Classical Teachers notionally from the date of appointment / acquiring requisite qualification and actual financial benefit with effect from 01.01.2006. One Sudhansu Sekhar Rout, an Ex-Classical Teacher had approached the Odisha Administrative Tribunal (the ‘Tribunal’ in short) giving rise to O.A. No.3124(C) of 2008 seeking relief to grant TG Scale to such Classical Teachers who were promoted prior to the Government Notification dated 05.09.2011. The Tribunal allowed the said original application by an order dated 14.08.2013 with a direction to grant TG Scale to Ex- Classical Teachers, who were promoted even after the Government Notification dated 05.09.2011. The order of the Tribunal was challenged before this Court by the State of Odisha, which was dismissed by an order dated 07.04.2017 passed in W.P.(C) No.25622 of 2014 (State of Odisha and others v. Sudhansu Sekhar Rout and another). The respondent approached the Tribunal praying for grant of TG Scale by filing O.A. No.2482(C) of 2017, which was transferred to this Court upon abolition of the Tribunal and came to be registered as W.P.C.(OAC) No.2482 of 2017. The said writ application was disposed of with a direction to the appellants to consider the petitioner’s grievance in terms of this Court order in case of Sudhansu Sekhar Rout (supra). Similarly placed persons of the same district of Angul had approached the Tribunal raising similar plea, which was allowed by this Court by an order dated 15.11.2021. It was in the said background that the Page 2 of 5 District Education Officer (opposite party No.3) requested opposite party No.2 (Director of Secondary Education) to issue necessary instructions to comply with the Court’s order. 6. The respondent retired upon attaining the age of superannuation with effect from 30.09.2019. 7. The petitioner’s representation was not considered for grant of TG Scale from the date of appointment since the petitioner was promoted to Junior SES cadre prior to Government Notification dated 05.09.2011, he was no more a Classical Teacher and, therefore, he was not entitled to such benefit. In relation to the case of Sudhansu Sekhar Rout (supra), it was mentioned in the order dated 17.08.2023 rejecting the petitioner’s claim (in W.A. No.2498 of 2024) that he was granted such benefit because of the order passed by this Court in W.P.(C) No.25622 of 2014. 8. Mr. Bimbisar Dash, learned Additional Government Advocate representing the appellants has submitted that the learned Single Judge has not duly considered the reason assigned in the counter filed by the appellants rejecting the petitioner’s claim for extending benefit of TG Scale of Pay. He has submitted that learned Single Judge, merely relying on the decision of this Court in case of Sudhansu Sekhar Rout (supra), has set aside the order rejecting petitioner’s claim and allowed the writ application with a direction to extend the benefit of TG Scale of Pay as extended in favour of similarly situated employees. Page 3 of 5 9. Learned counsel appearing on behalf of the respondent has relied on the Supreme Court’s decision in case of State of Uttar Pradesh and others v. Arvind Kumar Srivastava, reported in (2015) 1 SCC 347 and has submitted that the learned Single Judge has rightly passed the order directing the appellants to extend the benefits to the respondent as extended to similarly situated employees. 10. By orders dated 27.11.2024, we have dismissed two appeals preferred by the State of Odisha vide W.A. No.663 of 2024 (State of Odisha and others v. Minati Kumari Nayak) and W.A. No.2498 of 2024 (State of Odisha and others v. Debendra Kumar Pradhan and another). We have arrived at a definite conclusion in the said orders that the Division Bench of this Court in Sudhansu Sekhar Rout (supra) had the occasion to consider the effect of the same Notification dated 05.09.2011 whereby benefit of grant of TG Scale of Pay to Classical Teachers was extended. We have further opined in the said order that the decision in case of Sudhansu Sekhar Rout (supra) is a judgment in rem on the point of applicability of the notification dated 05.09.2011 in a particular manner for a class of employees. In such circumstance, the decision in case of Arvind Kumar Srivastava (supra) is applicable wherein it has been laid down that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit. Page 4 of 5 11. In such view of the matter, we do not find any legal infirmity in the impugned order passed by the learned Single Judge. This appeal is accordingly dismissed. Chief Justice (Chakradhari Sharan Singh) Judge (Savitri Ratho) M. Panda, Sec. Signature Not Verified Digitally Signed Signed by: MRUTYUNJAYA PANDA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Dec-2024 16:09:28 Page 5 of 5