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High Court of Orissa · body

2006 DAILYLAW 903 (ORI)

LOKANATH SAHOO v. STATE

WP(C)/4969/2006 · 2026-05-18

M S Sahoo

Civil Appealbody2006

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4969 of 2006 Lokanath Sahoo …. Petitioner Ms. Charvi, Advocate -versus- State of Orissa & another …. Opp. Parties Mr. D.N. Lenka, AGA CORAM: HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 18.05.2026 (Hybrid Mode) 03. 1. Heard learned counsel for the Petitioner and learned Additional Government Advocate for Opposite Parties No.1 & 2. It is submitted by learned counsel for the Petitioner that she has been entrusted the brief by her Senior and she would represent the Petitioner. 2. The matter was presented before this Court on 03.04.2006. Thereafter, determination of the Benches of this Court having changed, the matter is placed before this Bench for consideration. The Writ Petition has been listed with the note put up by the Registry that the order dated 29.01.2026 passed by the Hon’ble Apex Court in Civil Appeal No.9828 of 2024 is placed for reference marked at Flag-A. Perusal of the order of the Hon’ble Apex Court indicates that the order has been passed in a batch of Civil Appeals, i.e., Civil Appeal No.9828 of 2024 and 64 nos. of Civil Appeals. 3. It would be apt to reproduce the order of the Hon’ble Apex Court in the Civil Appeal: “ xxx xxx xxx 2. Arising out of the judgment dated 11.12.2017 passed by the learned Single Judge of the High Court directing the Director of the Education to decide the representation in terms of the observations made in the order, the present appeals have been filed. 3. Having considered the submissions of the parties and taking note of the fact that the issue of payment of the UGC Scale is to be decided by the Director of Education in terms of the order. The said order is merely in the nature of remand; however, we are not inclined to entertain the present appeals. 4. In this view, let the decision be taken by the Director of Education in accordance with law within a period of three months. On taking such decision, parties are at liberty to take recourse as permissible. All the contentions are left open for them to be raised at appropriate stage. The directions as issued in this case shall apply mutatis mutandis to intervenors also. 5. Accordingly, the appeals stand disposed of. Pending applications, if any, shall also stand disposed of.” 4. Learned counsel for the Petitioner refers to the prayer made in the Writ Petition, which is reproduced herein: “xxx xxx xxx (iii) Issue writ of mandamus or any other appropriate writ/writs, direction/ directions, order/orders directing the opposite parties 1 and 2 to allow the revised U.G.C. scale of pay in favour of the petitioner from 15.1.1991, the date he joined in M.S. College, Baramba being sponsored by the State Selection Board and further direct the opposite parties 1 and 2 to give the differential arrear salary to the petitioner within a reasonable time to be fixed by this Hon'ble Court; (iv) Issue further order/orders, direction/ directions directing the opposite party nos.l & 2 to give the said benefit of UGC scale of pay and other service benefits as has been made available to other lecturers, who were sponsored by the Selection Board and have been allowed to get revised UGC scale of pay by virtue of the notification dated 27.1.1999.” It is submitted by the learned counsel for the Petitioner that orders rendered by the learned Single Judge was challenged by filing SLPs before the Hon’ble Apex Court which has been disposed of by the order as is reproduced above. 5. In considered opinion of this Court after the direction of the Hon’ble Apex Court in SLPs arising out of similar judgment/orders of Co-ordinate Bench of this Court that involve similar prayer before this Court, no purpose would be served by keeping the present Writ Petition pending. Paragraph-4 of the order Hon’ble Apex Court quoted above is followed and applied in the present Writ Petition. 6. It is submitted by learned Additional Government Advocate that he has no instruction as on date, whether the case of the Petitioner has been considered and appropriate decision has been taken by the authority. 7. Therefore, following and applying the judgment of the Hon’ble Apex Court it is directed that let decision regarding the claim of the Petitioner be taken by the Director of Higher Education in accordance with law within a period of three months from today, if not already taken in the meantime. 8. In absence of the particular details regarding consideration of the case of the petitioner, it is further clarified that either of the parties shall have the liberty to seek further clarification/modification of this order, if so advised. 9. The Petitioner shall produce certified copy of this order before the Director, Higher Education. The authority shall act upon production of the certified copy of this order. The parties shall also have the liberty to proceed on the basis of the Amit copy of order obtained from the Official Website of this Court. 10. It is further clarified that no part of this order shall be treated to be opinion on merits of the case of the Writ Petitioner in the present Writ Petition and that this Court has not expressed any opinion regarding contentions of the parties to the Writ Petition. 11. The Writ Petition is accordingly disposed of with the above directions/observations. (Mruganka Sekhar Sahoo) Judge