Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6502 of 2026 Umakanta Jena ..... Petitioner
Represented by Adv. - Shashi Bhusan Jena -versus- State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. – Ms. S.Nayak, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 05.03.2026
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 for the State-Opposite Parties. Perused the writ application as well as the prayer made therein.
3. The Petitioner has filed the present writ application with the following prayer:
“In view of the above facts and circumstances, the Petitioner humbly prays that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction directing the Opposite Parties to sanction and disburse the arrear dues payable to the Petitioner for the period from 01/01/2016 to 31/07/2018, along with interest thereon.
Or pass any such other order or direction as this Hon'ble Court may deem fit and proper in the interest of justice.”
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4.
Learned counsel for the Petitioner at the outset contended that the Petitioner initially joined in service as Assistant Teacher w.e.f. 23.04.2007. Thereafter, the Petitioner was placed under suspension w.e.f. 19.01.2016 and reinstated in service w.e.f.
23.07.2018. The writ petition further reveals that the petitioner who was involved in a criminal case, was acquitted by the learned Additional Sessions Judge-cum-Special Judge, Balasore in Special Case No.28 of 2016 vide judgment dated 24.07.2022. After his acquittal from the criminal case, the disciplinary proceeding which was initiated against the Petitioner by the Opposite Party No.3 was dropped vide order dated 17.05.2022 and the substantial period from 19.01.2016 to 22.07.2018 was
directed to be treated as on duty.
5. While this was the position, the Petitioner submitted a representation before the Opposite Party Nos.1 & 4 requesting to release the arrear salary for the period of suspension on
30.04.2022. Thereafter, he submitted several other representations and vide letter dated 29.09.2023, the Opposite Party No.1 requested the Petitioner to submit required documents for release of his arrear pay relating to the period of suspension. Finally, the representation of the Petitioner was forwarded by the D.E.O., Balasore to the B.E.O., Jaleswar vide letter dated 15.10.2025 at Annexure-8 to the writ application.
Learned counsel for the Petitioner at this juncture contended that despite his representation having been forwarded to the B.E.O., Jaleswar, who happens to be the Competent Authority to take a
Page 3 of 4. decision in the matter, no decision whatsoever has been taken as of now. Being aggrieved by the inaction of the Opposite Party No.4-B.E.O., Jaleswar, the Petitioner has approached this Court by filing the present writ application.
6.
Learned counsel for the State on the other hand contended that she has no specific instruction in the matter. She further submitted that on perusal of the letter dated 15.10.2025 at Annexure-8, it appears that the representation of the Petitioner has already been forwarded to the Opposite Party No.4, who is the Competent Authority to take a decision in the matter. In such view of the matter, learned counsel for the State contended that in the event this Court directs the Opposite Party No.4 to take a decision in accordance with law by keeping in view the order passed by the disciplinary authority, within a stipulated period of time, he will have no objection to the same.
7. Having regard to the submissions made by the learned counsels for the respective parties, on a careful examination of the background facts, further taking into consideration the limited nature of the grievance, this Court deems it proper to dispose of the writ petition at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.4 along with a copy of today’s order within two weeks from today. In such eventuality, the Opposite Party No.4 shall consider and dispose of the writ application in accordance with law and by taking into consideration the order passed by the disciplinary authority while dropping the disciplinary proceeding against the
Page 4 of 4. Petitioner within a period of eight weeks, by passing a speaking and reasoned order. The final decision so taken be communicated to the Petitioner within ten days thereafter. It is further made clear that in the event the Opposite Party No.4 comes to a conclusion that the Petitioner is entitled to the arrear salary for the suspension period, then the same shall be paid to the Petitioner along with interest from the date such order was passed by the disciplinary authority.
8. With the aforesaid observation, the writ application stands
disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi