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2026 DAILYLAW 5348 (ORI)

RUKAMANI SETHI v. STATE OF ODISHA

WP(C)/3229/2026 · 2026-02-03

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.3229 of 2026 Rukamani Sethi ..... Petitioner Represented by Adv. - Subhransu Bhusan Mohanty -versus- 1) State Of Odisha ..... Opposite Parties 2) Director, Higher Education, Odisha 3) Regional Director, Higher Education, Balasore 4) Principal K.k.s Womens College, Barabati Represented by Adv. - Mr. A.Mohanty, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 03.02.2026 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 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: “It is therefore most humbly prayed that this Hon’ble court be graciously pleased t- (i) To admit this Writ application; (ii) To quash the Office order dtd 30.06.2025 issued by Regional Director of Education, Balasore ; (iii) To direct the Opposite parties for Revision of pay in the post of Librarian as per the Notification of the Page 2 of 3. Govt. dtd.15. l0.20l1 and dtd.03.04.2023 along with the previous order of the Govt. dtd. 13.02.2025 in terms of Rule 74(b) of Odisha Service Code and arrear pay and pension over the Revised Scale be sanctioned in her favour within a time stipulation as fixed by this Hon'ble court. And may pass any other order (s)/direction (s) as deemed fit and proper in the interest of justice.” 4. Learned counsel for the Petitioner at the outset contended that being aggrieved by the fixation of his pay scale by the Regional Director of Education, Balasore, the Petitioner has approached this Court by filing the present writ application. He further submitted that although the Petitioner’s pay is required to be fixed under Rule 74(b) of the Odisha Service Code, however, the Opposite Party No.3 has fixed the scale of pay of the Petitioner under Rule 74(b) of the Odisha Service Code. As a result, the Petitioner has been sanctioned a lesser pay scale than the one to which he is entitled to as per law. Being aggrieved by such illegality, the Petitioner has approached this Court by filing the present writ application. In course of his argument, learned counsel for the Petitioner further submitted that being aggrieved by such decision of the Opposite party No.3, the Petitioner has already represented the Opposite party No.3 on 14.07.2025 at Annexure-15. However, no final decision has been taken on such representation of the Petitioner. Being aggrieved by such inaction the Opposite party No.3 the Petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the State on the other hand contended that since the Petitioner has already approached the Opposite party No.3 by filing a detailed representation and according to the Petitioner the Opposite Party No.3 has not taken a final decision thereon, he will have no objection in the event this Court directs the Opposite Party No.3 to consider the representation of the Petitioner strictly in accordance with Page 3 of 3. law and dispose of the same within a stipulated period of time. 6. Having regard to the submission made by the learned counsel appearing for both sides, on a careful examination of the background facts as well as the documents annexed to the writ application, further taking into consideration the fact that the Petitioner has already approached the Opposite party No.3 and his grievance is still pending before him, 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 the representation dated 14.07.2025 of the Petitioner at Anenxure-15, in the event the same is still pending, 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. Representation of the petitioner shall be disposed of strictly in accordance with law and in terms of the Odisha Service Code and as per the notification/resolution of the Government applicable to the Petitioner. The final decision so taken be communicated to the Petitioner within ten days thereafter. 7. With the aforesaid observation, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Rubi