Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11790 of 2026 Purendra Kumar Jena ..... Petitioner
Represented by Adv. - Sameer Kumar Das -versus- State of Odisha & Ors. ..... Opposite Parties
Represented by Adv. – A.Mohanty, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 22.04.2026
Order No.
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 documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“Under the above circumstances, it is therefore humbly prayed that the Hon'ble Court be graciously pleased to direct the opp.parties no.1 and 2 for fixation of the pay of the petitioner in the UGC scale of pay from the initial date of his approval and also extended the benefit of revision of such scale in different pay revision rules of the government and pay the same to the petitioner as her case is squarely covered by the ratio of the judgment in the case of State of Odisha and Others Vs. Swadesh Kumar Das (Civil Appeal No. 9828 of 2024, disposed of on 29.01.2026);
And further the Hon'ble Court be pleased to
Page 2 of 3. direct the opp. parties to calculate the differential arrears on such fixation of pay of the petitioner in the UGC scale of pay and pay the same to him within a stipulated period as deem fit and proper;
And/or pass any other appropriate writ/writs,
order/orders and direction/directions in the fitness of the case.”
4.
Learned counsel for the Petitioner at the outset contended that although the Petitioner is eligible to get UGC scale of pay and the consequential as well as the financial benefits arising therefrom in terms of the judgment of the Hon’ble Supreme Court, however, the Opposite Parties have not taken any steps to sanction and disburse of such benefits in favour of the Petitioner. Being aggrieved by such conduct of the Opposite Parties, the Petitioner has already approached the Opposite Party No.2 by filing a representation dated 10.03.2026 at Annexure-6 which is stated to be pending before the Opposite Party No.2 by filing such representation. Being aggrieved by the inaction on the part of the Opposite Party No.2 in considering and disposing of the representation of the Petitioner, the Petitioner has approached this Court by filing the present writ application.
5.
Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter. However, taking into consideration the fact the Petitioner has already approached the Opposite Party No.2 and no final decision has been taken on his representation, the present writ application is not maintainable. In such view of the matter,
learned counsel for the State further contended that in the event this Court directs the Opposite Party to consider and dispose of the grievance of the Petitioner in accordance with law and the
Page 3 of 3. applicable rules within a stipulated period of time, he will have no objection to the same.
6. Having heard the learned counsels appearing for the respective parties, on a careful examination of the factual background as well as materials on record, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.1 again by filing a fresh and detailed representation taking therein all the grounds along with all judgments in support of his contention along with a certified copy of this order within a period of three weeks from today. In such eventuality, the Opposite Party No.1 shall do well to consider the representation of the Petitioner keeping in view the law laid down by the Hon’ble Supreme Court as well as of this Court and dispose of the representation of the Petitioner within a period of eight weeks from the date of communication of a certified copy of today’s
order. The final decision so taken be communicated to the Petitioner within a period of 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