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2025 DAILYLAW 1035 (ORI)

SHISIR KUMAR SEMILI v. STATE OF ODISHA

WP(C)/36998/2025 · 2026-01-12

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 36998 of 2025 Shisir Kumar Semili ..... Petitioner Mr. G.R. Sethi, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 12.01.2026 Order No. 01 1. This matter is taken up through hybrid mode. 2. Heard Mr. G.R. Sethi, learned counsel appearing for the Petitioner and Mr. A. Mohanty, learned Addl. Standing Counsel appearing for the Opp. Parties. 3. The present writ petition has been filed inter alia with the following prayer:- “It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs ; i. To direct the Opposite Parties to sanction and pay the annual increments of the petitioner w.e.f. March, 2020 to the petitioner immediately. And pass such other order/orders as may be deemed fit and proper for the interest of justice. And for this act of kindness, the petitioner as in duty bound shall ever pray.” Page 2 of 3. 4. It is contended that on the ground of pendency of a vigilance proceeding & departmental proceedings, increment as due and admissible to the Petitioner in the month of March, 2020 has not yet been extended. It is contended that mere pendency of a vigilance proceeding is not a ground to withhold the annual increment as due to the Petitioner in the month of March, 2020. 4.1. It is also contended that similar issue was before this Court in W.P.(C) No. 7559 of 2025. This Court in Para 6.1 of order dtd.19.03.2025 has held as follows:- “6.1. As per the considered view of this Court, pendency of a criminal proceeding or even a disciplinary proceeding is not a ground to deny the increment as due and admissible to the Petitioner. Therefore, this Court is inclined to direct Opp. Party Nos. 3 & 4 to release the increment as due to the Petitioner within a period of four (4) weeks from the date of receipt of this order.” 4.2. Placing reliance on the aforesaid order, it is contended that Petitioner is entitled to get the benefit of increment as due to him. 5. Learned Addl. Standing Counsel on the other hand contended that since as admitted vigilance proceeding & departmental proceedings are pending against the Petitioner, he is not entitled to get the benefit of increment as due to him in the month of March, 2020. 6. Having heard learned counsel appearing for the Parties, considering the submission made and placing reliance on the order passed by this Court in W.P.(C) No. 7559 of 2025, this Court is inclined to dispose of the writ petition by directing the Opp. Page 3 of 3. Parties more particularly Opp. Party No. 3 to sanction with the increment of the Petitioner as due to him in the month of March, 2020 within a period of four (4) weeks from the date of receipt of this order. 7. The writ petition is disposed of accordingly. (Aditya Kumar Mohapatra) Judge S.K. Rout