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Judgment
The opposite party No,4 is deleted from the array of the parties. Petitioner is directed to correct the designation of opposite party No.2 during the course of the day.
Heard Mr. S.C. Acharya, learned counsel for the petitioner, and learned Standing Counsel for the School and Mass Education Department.
This writ petition has been filed against the impugned order dated 21.07.2004 passed by the Orissa Administrative Tribunal, Cuttack Bench in O.A. No.942 (C) of 2004 filed by the petitioner in which she had prayed for arrear differential salary from 01.01.1996 to 28.02.2002. The Tribunal while directing to dispose of the representation, has made it clear that the petitioner shall be entitled only to get her dues from the date, three years prior to filing of the O.A., and the arrears for the rest of the period is barred by time.
The petitioner is still in service. She had demanded to get arrears of differential salary. In fact, she has got salary regularly, but the differential amount of salary according to the revised pay scale was not given to her. We do not agree with the opinion of the Tribunal that the petitioner would be entitled to get only the dues of past three years from the date of filing of the O.A. During the period of service, the petitioner would be entitled to get her dues and, for this no limitation would be applicable.
In view of the above mentioned facts and circumstances, we allow this writ petition by quashing the impugned order of the Tribunal and direct that the representation of the petitioner shall be disposed of and her undisputed dues regarding arrears of differential salary shall be paid to her within six months from the date of production of a certified copy of this order along with a copy of the representation before the opposite party No.3.
Requisites for communication of this order to the opposite parties shall be filed by the petitioner within a week.
Urgent certified copy of this order be granted as per rules.