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2026 DAILYLAW 7559 (ORI)

KHUSIRAM MALLIK v. STATE OF ODISHA

WP(C)/12097/2026 · 2026-04-23

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.12097 of 2026 Sri Khusiram Mallik and others ..... Petitioners Represented by Adv. - Kunal Kumar Swain -versus- State of Odisha and others ..... Opposite Parties Mr. U.C. Jena, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel appearing 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 Petitioner with the following prayers:- “Under the above circumstances, it is humbly prayed that the writ petition may be allowed; And (A) a writ of Mandamus or an appropriate writ may be issued directing the opposite parties to allow the petitioners to avail the benefit of Grade Pay of Rs.4200/- instead of Rs.2800/- towards 2nd RACP as per the common judgment and order dated 24.06.2022 passed by the Division Bench of this Hon'ble Court in the case of State of Odisha and others Vrs. Saraswati Bhoi and others (W.P.(C) No.7281 of 2018) and in the case of Page 2 of 3. State of Odisha and others Vs. Nilamani Behera and others (W.P.(C) No.4848 of 2021), which was upheld by the Hon'ble Apex Court vide order dated 09.09.2025 passed in S.L.P (C) No.7374-7375 of 2024, and the differential arrears may be calculated and may be paid to the petitioners, within a time to be stipulated by this Hon'ble Court; (B) And any other order / orders or direction/directions may be issued so as to give complete relief to the petitioners;” 4. The subject matter of these petitions is substantially similar to the case in State of Odisha & Ors. v. Saraswti Bhoi & Ors., 2022 (II) ILRCUT-629. 5. Learned counsel for the Petitioners submits that in the said case a direction has been issued for considering the similar representation dated 11.11.2025 under Annexure-4 for the grant of Grade Pay of Rs.4200/- (rupees four thousand two hundred) towards 2nd RACP or any respective date on completion of 20 years of service in a single cadre towards the financial upgradation under RACP Scheme. 6. Learned ASC appearing for the OPs very fairly agrees that the subject representations dated 11.11.2025 under Annexure-4 should meet their fate at the hands of OP No.2 in the light of observations in Saraswti Bhoi (supra). With this proposal, learned ASC is agreeable, subject to the caveat that all contentions should be kept open and a reasonable period be prescribed for disposal of the subject representations. This is fair. 7. In the above circumstances, petitions are disposed of. Time for consideration and to inform the petitioners in writing the result of such consideration, is eight (8) weeks. All contentions are kept open. Page 3 of 3. 8. It is open to solicit any information or document from the side of petitioners or from other officers, as are required for due consideration of the subject representations; however, in that guise delay shall not be brooked. Now, no costs. Web copy of order to be acted upon by all concerned. ( Aditya Kumar Mohapatra ) Judge S.K. Rout