Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8765 of 2023 Sadananda Nayak ..... Petitioner
Represented by Adv. - Shubhendu Kumar Parida -versus- State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. – U.C. Jena, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 20.01.2026
Order No.
05.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.
3. The present writ petition has been filed by the Petitioner with the following prayers:-
“It is therefore, prayed that this Hon'ble Court may be graciously pleased to:-
i) admit the Writ petition;
ii) call for the Records;
iii) Issue Rule Nisi calling upon the Opp. Parties as to why the order dt.21.11.2022 passed by the Opp. Party
Page 2 of 3. No.3 under Annexure-11 shall not be quashed and the service benefit pursuant to order of the learned OAT passed in O.A No.2576/2016 with batch (Saraswati Bhoi & others-Vrs.- State of Odisha & others) shall not be extended to the Petitioner;
iv) If the Opp. Parties do not show cause or show insufficient cause issue a Writ in the nature of Certiorari/Mandamus or any other appropriate Writ/Writs,
order/orders, direction/directions in quashing the order dt.21.11.2022 passed by the Opp. Party No.3 under Annexure-11 and further be pleased to direct the Opp. Parties to extend the service benefit pursuant to order of the learned OAT passed in O.A No.2576/2016 with batch (Saraswati Bhoi & others- Vrs.- State of Odisha & others) and his pay be refixed w.e.f February 2017 within a specified time.”
4. The grievance of the petitioner is to allow him grade pay in the scale of Rs.4,200/- as per RACP Rules, 2013.
5. It is submitted on behalf of the petitioner that this Court (in Coordinate Bench) has directed in several matters for consideration of the prayer of similarly situated persons in light of decision in State of Odisha & Ors. vs. Saraswati Bhoi & Ors., 2022 (II) ILR- CUT-629, and accordingly the prayer of the petitioner may also be considered.
6. Thus, the writ petition is disposed of at the stage of admission with a direction to the Block Education Officer, Kashinagar (O.P. No.4) to consider the grievance of the petitioner and take a decision, if his case is found covered within four corners of the decision of this Court rendered in State of Odisha & Ors. vs. Saraswati Bhoi & Ors., 2022 (II) ILR-CUT-629, within a period of four months from the date of receipt of certified copy of this
order along with a copy of the writ petition.
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7. It is made clear that, this Court has not expressed any opinion on the merits of contention of the petitioner.
8. An urgent certified copy of this order shall be granted on proper application.
(Aditya Kumar Mohapatra)
Judge
Anil
Designation: Junior Stenographer