LAWS(ORI)-2008-2-70

SUDARSAN MISHRA Vs. STATE OF ORISSA AND ORS.

Decided On February 12, 2008
Sudarsan Mishra Appellant
V/S
State of Orissa and Ors. Respondents

JUDGEMENT

(1.) THE case of the Petitioner as delineated in this writ application tends to reveal as follows:

(2.) THE O.Ps. have filed a counter affidavit, wherein the following stand has been taken:

(3.) LET us examine the question which falls for determination in this case, i.e. as to whether the stand taken by the O.Ps. in the counter affidavit can in any manner withstand judicial scrutiny in view of the judgment passed by this Court on 24.7.1996 in O.J.C. No. 6101/1995 (Bharat Chandra Behera and Anr. v. State of Orissa and Ors.). The State Government had filed an application being Civil Review No. 65/1997 for review of the aforesaid judgment but the same was dismissed by order dated 9th August, 2001. In Bharat Chandra Behera's case (supra), this Court dealing with the claim for sanction of UGC scale of pay held in paragraph -3 as follows: