KRUSHNA CHANDRA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. P.K. Das, learned Counsel for the petitioner and learned Counsel for the School and Mass Education Department.

(2.) THE grievance of the petitioner in this writ application is that though he is entitled to get the benefit of Time Bound Advancement Scale of pay with effect from 1.1.1985, the same has not been given to him.

(3.) THOUGH various grounds were taken in this writ application, the main argument of the learned Counsel for the School and Mass Education Department is that since the petitioner has already retired from service on 30.3.1988, he cannot be granted the benefit of Time Bound Advancement Scale of pay as per the resolution of the Government in Education and Youth Service Department dated 22.7.1989 vide Annexure -A/4 to the counter affidavit. Our attention is drawn to the order dated 6.2.2006 passed in W.P.(C) No. 5658 of 2005 Natabara Patra v. State of Orissa and Ors. in which such stand was taken and this Court disposed of the said writ petition with the direction that the petitioner therein is entitled to get the said benefit in view of the decisions of this Court in Balabhadra Sarangi v. State of Orissa and Ors. 2003 (1) OLR 24. In the aforesaid case, it was held that the petitioner having completed fifteen years of service as on 1.1.1985 in the same grade or post, he became entitled to get Time Bound Advancement Scale of pay. It was further decided in the aforesaid case that to get the benefit under the Time Bound Advancement Scale of pay, there should be stagnation in the post even if there is regular enhancement of salary by way of increments.