Sri Umesh Chandra Pradhan vs State of Orissa and Others

C.R. Dash, J.—Heard Learned Counsel for the Petitioner & Learned Counsel for the State.

The present Petitioner is working as Lecturer in Economics in L.N. Mohavidyalaya, Jamsuli in the district of Balasore. His appointed has been validated under the provisions of the Orissa Aided Educational Institutions (Appointment of Lecturer Validation) Act, 1998. He has filed this Writ Petition challenging, inter alia, non-disbursement of his arrear salary component on the ground that the persons similarly circumstanced with him, who are the teaching staff of the self-same educational institutions have already been paid arrear salary.

This Court vide Order Dated 16.08.2001 passed in O.J.C. No. 9699 of 2001 had directed the Opp. Parties to consider & dispose of the claim of the Petitioner therein, namely, Shivanee Panda & Umesh Chandra Pradhan (who are also lecturers in the self-same educational institution, where the Petitioner is serving) in the light of the decision of this Court in the case of Mrs. Laxmipriya Das, Sashikanta Parida and others Vs. State of Orissa and others, .

It is submitted by Learned Counsel for the Petitioner that out of the Petitioner''s claim of Rs. 1,84,723 towards arrear salary, the Opp. Parties have already paid Rs. 61,574 towards part payment & without any reason rest of the amount of the arrear salary has not been disbursed in favour of the Petitioner.

Regard being had to the Judgment of this Court in the case of Mrs. Laxmipriya Das supra & order of this Court in O.J.C. No. 9699 of 2001 supra, the writ application is disposed of with the direction that the case of the Petitioner be considered by the Opp. Parties in consonance with the ratio decided & directions issued by this Court in the case of Mrs. Laxmipriya Das supra. It is needless to say here that, for arriving at the decision, the authority concerned shall scrutinize the records relating to the claims of the Petitioner to find out the entitlement & genuineness of the claim made by the Petitioner, as this Court has not at all addressed the issue on merit. The exercise should be completed within four months from the date of receipt of a certified copy of this order & if the claim of the Petitioner is found to be admissible & acceptable, the arrear salary be disbursed within a further period of two months thereafter (i.e. within six months from the date of receipt of a copy of this order).

The writ application is accordingly disposed of.

Certified copy of this order be granted as per rules on proper application.