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2026 DAILYLAW 426 (ORI)

MINATI MALA DAS v. STATE OF ODISHA

WP(C)/7907/2026 · 2026-03-16

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.7907 of 2026 Minati Mala Das ..... Petitioner Represented by Adv. - Achyutananda Pattanaik -versus- State of Odisha & Ors. ..... Opposite Parties Represented by Adv. – S.K. Parhi, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.03.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned Additional Standing Counsel appearing 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: “In view of the facts and grounds stated above, the Petitioner humbly prays that this Hon'ble Court may be pleased to: (i) Quash the order cancelling the Petitioner's RACP and refixing her pay and pension, including Letter No. 7075 dated 03.09.2020; (ii) Declare that the Petitioner is entitled to RACP w.e.f. 01.03.2015 by counting her service at a 1:1 ratio; Page 2 of 3. (iii) Direct the Opposite Parties to refix the Petitioner's pay and pension accordingly; (iv) Direct refund of the amount recovered from the Petitioner's gratuity towards alleged excess drawal; (v) Direct payment of all consequential arrears of salary and pensionary benefits with interest; (vi) Pass such other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.” 4. It is stated by the learned counsel for the Petitioner that ventilating his grievance the Petitioner has already approached the Opposite Party No.1 by filing a representation dated 19.01.2026 at Annexure-5 to the writ application. Since no decision has been taken on such representation by the Opposite Party No.1 and being aggrieved by such inaction of the Opposite Party No.1, the Petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the State on the other hand contended that he has no specific instruction in the matter. However, taking into consideration the fact that the Petitioner has already approached the Opposite Party No.1 by filing a detailed representation dated 19.01.2026 as is evident from Annexure-1 and in the event such representation is still pending for consideration, he will have no objection if this Court directs the Opposite Party No.1 to consider the representation of the Petitioner strictly in accordance with the applicable rules as well as the law and dispose of the representation within a stipulated period of time. 6. Considering the submissions of learned counsels for the parties, further taking into consideration the nature of the prayer, Page 3 of 3. this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider the grievance of the Petitioner as indicated in his representation dated 19.01.2026 at annexure-5 strictly in accordance with law and dispose of the same by passing a speaking and reasoned order within a period of eight weeks from the date of communication of a certified copy of this order by the Petitioner. The final decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within ten days from the date of taking such a decision. 7. With the aforesaid observations/ directions, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer