STATE OF ODISHA Vs. PURNA CHANDRA CHAND

JUDGEMENT

(1.) The petitioners, who were the opposite parties nos. 1 to 3 in the writ petition i.e. W.P.(C) No. 456 of 2013 filed by the opposite party Purna Chandra Chand, have sought for review of the order dated 24.04.2013 passed by a learned Division Bench of this Court while disposing of the writ petition.

(2.) The factual matrix in the case at hand, is that the opposite party Purna Chandra Chand herein, as the writ petitioner filed W.P.(C) No.456 of 2013 seeking for a direction to the petitioners of this review petition to pay him the Headmaster scale of pay with effect from 01.06.1994 till the date he was holding the post of Headmaster of Madhabananda Sikshya Niketan, Mahulia (hereafter 'Sikshya Niketan') in the district of Balasore with all the consequential financial and service benefits accrued out of the same.

(3.) At the time of admission of the writ petition, notice was issued to the petitioners of this review petition on 21.02.2013 and the learned counsel for School and Mass Education Department (S&ME) entered appearance for them and accepted notice. Three extra copies of writ petitions were directed to be served on him and he was directed to obtain necessary instruction in the matter. The matter was next listed on 19.03.2013 on which date, the learned counsel for S&ME sought for time to file counter affidavit and accordingly, two weeks time was granted as last chance to file the counter affidavit. The matter came up next on 24.04.2013, but no counter affidavit was filed and accordingly, the case was disposed of on that day passing the order under review. From the order, it is not clear whether the learned counsel for S&ME was present on that day or not. Factual details have not been noted in the order, however, it is mentioned that the service of the petitioner as in-charge Headmaster was approved from 01.06.1994 but he was not paid salary of the Headmaster and was continuing in the salary of a trained graduate teacher. The learned Division Bench relying upon the ratio laid down by the Hon'ble Supreme Court in the case of Selva Raj -Vrs.- Lt. Governor of Island, Port Blair and others, 1999 AIR(SC) 838 and of this Court in the case of Dillip Kumar Sahoo and others -Vrs.- State of Odisha and others, 2008 1 OrissaLR 162 allowed the writ petition vide order dated 24.04.2013, operative portion of which has been extracted in Para 1 in directing the State authorities, the petitioners herein, to calculate the entitlements of the writ petitioner at the scale of pay of Headmaster for the period for which he had worked as Headmaster in-charge and was also continuing as such and to pay such salary to him deducting the amount already received by him, with a further direction to complete the entire exercise within a period of three months from the date of communication of the said order.