Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3905 of 2026
Kalu Charan Behera …. Petitioner
Mr. Manas Pati, Advocate -versus-
State of Odisha & Others …. Opp. Parties
Mr. S.K. Parhi, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 05.02.2026
01.
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:-
“The Petitioner therefore prays that your lordships may graciously ad disburse the regular salary w.e.f.14.05.2018 and differential arrear dues from 14.05.2018 to till date within a stipulated time in compliance to direction of this Hon’ble Court which has been upheld by Hon’ble Apex Court under Annexure-1 & 2 and release all arrear benefits with 18% interest.”
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Feb-2026 11:36:22 Signature Not Verified p. 2 4.
Learned counsel for the Petitioner at the outset contended that by filing the present Writ Petition, the petitioner has essentially prayed for the financial benefits upon regularization of his service w.e.f
14.05.2018. He further contended that in the case of a similarly situated person, this Court had already
directed for grant of similar benefits with effect from the date of regularization of his service in the case of Braja Kishore Mohanty Vrs. The State of Odisha through Secretary to Government, Skill Department & Technical Education Department- cum- Chairman & Others decided in W.P.(C) No.11894 of 2024 disposed of vide judgment dated
30.10.2025.
5.
Learned counsel for the petitioner at this juncture contended that the petitioner stands on a similar footing with the above named person, i.e., Braja Kishore Mohanty. He further submitted that although the petitioner is entitled to the financial benefit from the date of his regularization, however, he has not been extended with such benefits. Being aggrieved by such inaction of the opposite parties, the petitioner has approached this Court by filing the present writ petition.
6.
Learned counsel for the State on the other had contended that although there is no specific instruction in the matter and on perusal of the writ Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Feb-2026 11:36:22 Signature Not Verified p. 3 petition it appears that the petitioner has not approached the opposite parties before approaching this Court. In such view of the matter, learned counsel for the State contended that the petitioner be directed to approach opposite party nos.1 & 3 for consideration of the grievance of the petitioner strictly in accordance with law keeping in view the fact that the petitioner in the above noted case has already been extended with the benefit like the similarly situated person and the grievance of the petitioner be redressed within a stipulated time.
7. Having heard the submissions of the learned counsel for the parties and on a careful scrutiny of the
facts as well as the fact that the benefit claimed by the petitioner has already been extended to a similarly situated person, this Court feels it proper to grant liberty to the petitioner to approach the opposite party nos.1 & 3 by filing detailed grievance petition along with all the documents within two weeks. In such event, if any such grievance petition is filed, opposite party nos.1 & 3 would do well to consider the same keeping in view that similarly situated person has already been extended with the benefit as per the
order of this Court in the case of Braja Kishore Mohanty and dispose of the same by passing a speaking order. In the event opposite party nos.1 & 3 find that the petitioner stands on a similar footing with that of Braja Kishore Mohanty, they shall extend the Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Feb-2026 11:36:22 Signature Not Verified p. 4 amit benefit in favour of the petitioner within a period of four weeks hence if there is no other legal impediment.
8. With the aforesaid observation and direction, the writ petition is disposed of.
Web copy of this order be acted upon by all concerned.
(Aditya Kumar Mohapatra)
Judge