Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.9662 of 2026 Kailash Chandra Khandei ..... Petitioner Represented by Adv. - Pitambar Panda -versus- State of Orissa and others ..... Opposite Parties Represented by Adv. – Mr. A. Mohanty, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 31.03.2026 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. By filing the present writ application the Petitioner has prayed for the following relief: “It is therefore prayed that this Hon'ble Court may graciously be pleased to:- i) Admit the writ application; ii) Call for the records; iii) Issue a writ of Mandamus directing 0pp. Parties to grant RACP benefits to the petitioner's as per the Finance Department resolution dated 06.02.2013 read with the judgment pronounced in O.A. No. 1668/2017 disposed of on 09.10.2018, W.P.(C) No. Page 2 of 3. 6698/2020 disposed of on 13.03.2020 and SLP (C) No. 15573/2020 disposed of on04.01.2021 by computing the entire period of service rendered during the pre-taken over period w.e.f. receiving of grant. iv) And to quash the stipulation made in Govt, letter dated 13.04.2021 that the said order will not be precedent to others and the order dtd. 02.01.2020 of DEO, Bhadrak, under Annexure-2 sanctioning RACP at the ratio 2:1 and allowed to draw notional increment as due on dt. 01.08.2017 on the day after superannuation on dt. 31.07.2017. v) And/or pass such other order/orders, direction/directions as this Hon'ble Court may think fit and proper for the ends of justice; And for this act of kindness the petitioner as in duty bound shall ever pray.” 4. Learned counsel for the Petitioner at the outset contended that in terms of Office Memorandum dated 22.01.2025 at Annexure-3 of the Finance Department Government of Odisha, the Petitioner is entitled to the financial benefits in shape of financial increment for the purpose of calculation of pensionary benefits. Further contended that the Petitioner is not been extended with such benefit. On perusal on record it appears that the Petitioner not approached the competent authority for redressal for his grievance. 5. Learned counsel for the State on the other hand contended that since the Petitioner has not approached the Opposite Parties and has approached this Court by directed by filing the present writ application, the present writ application is not maintainable. He further submitted that in the event the Petitioner is directed to approach the Opposite Party No.2 i.e. Director of Secondary Education, Odisha, he will have no objection to the same. Page 3 of 3. 6. Considering the submissions made by the learned counsels appearing for the respective Parties, on a careful examination of the background facts, further taking note of the nature of the grievance involved in the present writ application, 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.2 by filing a detailed representation taking therein all the ground along with supporting documents within three weeks from today. In such eventuality, the Opposite Party No.2 shall consider the case of the Petitioner in accordance with law and taking into consideration the Office Memorandum dated 22.01.2025 at Annexure-3 and dispose of the representation of the Petitioner by passing a speaking and reasoned order within eight weeks’ from the date of communication of a copy of todays’ order. The final decision so taken be communicated to the Petitioner within ten days thereafter. 7. With the aforesaid observation/ direction, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Sisir Designation: PERSONAL ASSISTANT