Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 15424 of 2024
Bharati Rout ..... Petitioner Mr. N. Lenka, Adv. -versus- State of Odisha & Ors. ..... Opposite Parties Mr. P.K. Panda, ASC Mr. S.K. Patra, Adv.
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER 15.07.2026
Order No. 04 I.A. No.9507 of 2026 & W.P.(C) No.15424 of 2024
1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:-
“Therefore, it is prayed that this Hon’ble Court be graciously pleased to admit the writ application, issue rule NISI in the nature of writ of mandamus or any other writ/writs as deem fit and proper calling upon the opposite parties, to show cause as to why the order No.11547 dated 04.05.2024 passed by the Opp. Party No.1 vide Annexure-11 and the notification No.12981 dated 17.08.2014 of Opp. Party No.1 vide Annexure-6 shall not be quashed/set aside and why the scale of pay of the petitioner @ Rs.9300-34800/- with GP of Rs.4200/- shall not be fixed w.e.f. 12.01.2012 i.e.
Page 2 of 4. the date the petitioner completed three years of regular services including revision of her scale of pay. In the event of the opposite parties fail to show- cause or show insufficient cause said rule be made absolute. And further be pleased to pass any order/orders, direction/directions as deem fit and proper. And for this act of kindness the petitioner shall as in duty bound ever pray.”
4. It is contended that Petitioner’s claim to get the benefit of grade pay of Rs.4200/- w.e.f. 13.01.2012 instead of 26.06.2013 was rejected vide the impugned order dated 04.05.2024 under Annexure-11. It is contended that by the time Petitioner’s claim was considered and rejected, Petitioner had no knowledge about the order passed by the Tribunal in a batch of original applications, wherein similar claim had been allowed. 4.1. It is further contended that challenging such order of the Tribunal so passed on 07.02.2019, the State though approached this Court by filing W.P.(C) No.21772 of 2019 & batch, but the said Writ Petitions were also dismissed. 4.2. It is accordingly contended that in view of the nature of the order passed by the Tribunal in a batch of original applications, so upheld by this Court in its order dated 24.06.2021 in W.P.(C) No.21772 of 2019 & batch, the ground on which Petitioner’s claim has been rejected vide the impugned order 04.05.2024 under Annexure-11 of 2019 is no more sustainable in the eye of law and needs a reconsideration. Page 3 of 4. 4.3.
Accordingly, it is contended that with quashing of the impugned
order, Opp. Party No.1 be directed to take a fresh decision on the Petitioner’s claim, taking into account the order passed by the Tribunal on 07.02.2019 so upheld by this Court in its order dated 24.06.2021 in W.P.(C) No.21772 of 2019 & batch.
4.4. After dismissal of the Writ Petition in W.P.(C) No.21772 of 2019 & batch, another Writ Petition in W.P.(C) No.18336 of 2017 when was
disposed of vide order dated 13.08.2021, similar claim has been allowed by the Govt. vide order dated 24.07.2025.
5. Learned Addl. Govt. Advocate on the other hand contended that since by the time Petitioner’s claim was rejected vide the impugned
order, the order now relied on by the Petitioner was not made available, no illegality or irregularity can be found with the impugned
order.
6. Having heard learned counsel for the Parties and considering the submission made and taking into the nature of order passed by this court on 24.06.2021 in W.P.(C) No.21472 of 2019 & batch, this Court is of the view that Petitioner’s claim needs a reconsideration.
6.1. Accordingly, this Court while quashing the order dated 04.05.2026, directs Opp. Party No.1 to take a fresh decision on the Petitioner’s claim, taking into account the order passed by the Tribunal so confirmed by this Court in W.P.(C) No.21772 of 2019 & batch and so also extension of the benefit vide order dated 24.07.2025, while complying similar order passed on 13.08.2021 in W.P.(C) No.18336 of 2017.
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6.2. This Court permits the Petitioner to provide a copy of this order along with the order passed in W.P.(C) No.21772 of 2019 & batch and, so also order dated 24.07.2025 so issued by the Govt. before Opp. Party No.1 for compliance.
6.3. Opp. Party No.1 is directed to take a fresh decision within a period of three (3) months from the date of receipt of this order.
7. Consequentially, the Writ Petition and the I.A. stand disposed of.
(BIRAJA PRASANNA SATAPATHY) Judge Jyoti