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2026 DAILYLAW 327 (ORI)

RAMA CHANDRA MAJHI v. STATE OF ODISHA

WP(C)/4999/2026 · 2026-02-17

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4999 of 2026 Rama Chandra Majhi & Others …. Petitioners Mr. S. Das, Advocate -versus- State of Odisha & Others …. Opp. Parties Mr. U.C. Jena, ASC CORAM: HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 17.02.2026 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners as well as learned counsel 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 Petitioners with the following prayers:- “Issue a Writ in the nature of Mandamus or any other appropriate Writ / Writs, Order / Orders, Direction/Directions directing the 0pp. Parties to pay salary/remuneration to the Petitioners, working against the posts of Peon and Sweeper-cum- Chowkidar, as per the revised scale of pay prescribed under the O.R.S.P. Rules, 2008 w.e.f. 01.01.2016 to 30.12.2015 along with all service and financial benefits for the said period and interest as applicable, within a reasonable time to be stipulated by this Hon'ble Court; (iv) Issue a Writ in the nature of Mandamus or any other appropriate Writ/Writs, Order/Orders, Direction/Directions directing the 0pp. Parties to pay p. 2 salary/remuneration to the Petitioner, working against the post of Peon and Sweeper-cum- Chowkidar, as per the revised scale of pay prescribed under the O.R.S.P. Rules, 2017 w.e.f. 01.01.2016 along with all service and financial benefits for the said period and interest as applicable within a reasonable time to be stipulated by this Hon'ble Court” 4. Learned counsel for the Petitioners at the outset contended that pursuant to order dated 16.10.2012 passed by the Coordinate Bench of this Court in W.P.(C) No.2769 of 2002, the Petitioners have been paid their salary as per 5th Pay Commission recommendation. He further contended that the Petitioners are entitled to get their salary as per the revised scale of pay, i.e., 6th Pay & 7th Pay Commission. Accordingly, the Petitioners approached the Opposite Party No.4 – University for grant of such revised scale of pay. Learned counsel for the Petitioners at this juncture contended that although the University considered the case of the Petitioners and has sought for approval from the Government vide their letter dated 29.11.2024 at Annexure-17 and 22.08.2024 at Annexure- 18, however, no decision has yet been taken by the Government as a result of which the Petitioners were deprived from getting the revised scale of pay. Being aggrieved by the conduct of Opposite Party No.3, the Petitioners have approached this Court by filing the present Writ Petition. 5. Learned Additional Standing Counsel appearing for the State on the other hand contended that although he has no specific instruction in the matter, however, taking into consideration the letters at Annexures-17 & 18, it appears that the University has wrote a letter to the p. 3 amit Government to take a final decision in the matter. In the event, no final decision has been taken by the Government at Annexures-17 & 18. He has no objection that if a direction be given to Opposite Party No.1 to take a final decision on the letters of the University at Annexures-17 & 18 in accordance with law within a stipulated time period. 6. Considering the submissions made by learned counsel for both the parties, after careful scrutiny of the background of the facts as well as the limited nature of grievance of the Petitioners involved in the present Writ Petition, this Court thinks it proper to dispose of the present Writ Petition at the stage of admission by directing Opposite Party No.1 to take a final decision on the letters of Opposite Party Nos.4 & 5 at Annexures-17 & 18 within a period of eight weeks from the date of communication of today’s order. The final decision so taken on the aforesaid letters of the University, be communicated to the University forthwith. 7. Basin upon the final decision of the Government, the University shall take necessary follow up steps in the matter within a period of six weeks thereafter. 8. With the aforesaid observations/directions, the Writ Petition stands disposed of. (Aditya Kumar Mohapatra) Judge