Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.16150 of 2026
Laiban Harijan ..... Petitioner
Represented by Adv. - Krishna Chandra Sahu -versus-
State Of Odisha and others ..... Opposite Parties
Mr. C.M. Singh, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 21.05.2026
Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“It is therefore humbly prayed that the Hon'ble Court be graciously pleased to pass following relief(s):- (i) The Hon'ble Court be pleased to admit & allow the writ petition. (ii) The Hon'ble Court be graciously pleased to allow this writ petition by directing the
Page 2 of 4. Opp. Party no-3 & 4 to revise the gradation list of level-IV elementary cadre by inserting /incorporating the name of the petitioner in the list of Category-II, level-IV graduate teacher in view of his graduate qualification for
consideration of his promotion to the post of level-III Headmaster in U.P School as per the option/representation /objection furnished by him in accordance with the provisions of elementary cadre rules by further considering his name to the rank of level-III Headmaster of U.P School at par with other graduate teachers on the basis of seniority with all consequential service benefits within a time bound period on the basis of order of Hon'ble Court so also in view of continuance of similar situated including juniors in the Category-II of Level-IV graduate teacher post for the interest of justice. (iii) The Hon'ble Court may further be pleased to pass any other order(s) as deems fit & proper for the bonafide interest of justice.”
4. It is stated by learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing W.P.(C) No.956 of 2024 challenging the inaction of the Opposite Party Nos.3 & 4 including the name of the Petitioner in the list of Graduate Teachers for
consideration of such cases for promotion to the post of Headmaster of U.P. School in Level-III Cadre under Graduate Teacher category. He further contended that after disposal of the earlier writ petition vide order dated 18.03.2024 in the light of the judgment in W.P.(C)
Page 3 of 4. No.42168 of 2023 and batch dated 12.03.2024, the Petitioner approached the Opposite Parties again for redressal of his grievance as per the order passed by this Court on 18.03.2024. He further submitted that although the Petitioner approached the Opposite Parties by filing a representation dated 09.05.2024 at Annexure-16 to the writ petition, however, no final decision has been taken as has been directed by this Court in the earlier writ petition vide order dated 18.03.2024. Being aggrieved by such inaction of the Opposite Parties, the Petitioner was compelled to approach this Court again by filing the present writ petition.
5.
Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter, however, on perusal of the writ petition, it appears that the representation of the Petitioner dated 09.05.2024 at Annexure-16 is pending before the Opposite Party No.3 for consideration. He further contended that in the event no final decision has been taken on such representation, he will have no objection if this Court directs the Opposite Party No.3 to consider and dispose of such representation as has been
directed by this Court in the earlier writ petition vide order dated 18.03.2024 within a stipulated period of time.
6. Considering the submissions made by the learned counsels appearing for the respective parties, on a careful analysis of their submission and on a close scrutiny of the document annexed to the writ petition, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.3 to consider and dispose of the representation of the Petitioner dated 09.05.2024 at Annexure-16 to the writ petition, if the same has
Page 4 of 4. not been disposed of in the meantime, by passing a speaking and reasoned order within a period of eight weeks from the date of communication of a certified copy of today’s order. While considering the representation of the Petitioner the Opposite Party No.3 shall take into consideration Annexures-13 & 15. The final decision so taken be communicated to the Petitioner within ten days thereafter.
7. With the aforesaid observations/directions, the writ application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout