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2026 DAILYLAW 9124 (ORI)

JITENDRA NAIK v. STATE OF ODISHA

WP(C)/11976/2026 · 2026-04-22

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11976 of 2026 Jitendra Naik ..... Petitioner Represented by Adv. - Laxmikanta Mohanty -versus- State of Odisha & Ors. ..... Opposite Parties Represented by Adv. - Mr. S.K.Parhi, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 22.04.2026 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, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opp. Parties calling upon them to file show cause as to why:- i) A direction shall not be issued to regularize the service of the petitioner as a Primary School Teacher w.e.f. 06.10.2021 in untrained Scale of pay and to release Trained Scale in his favour from the date of completion of three years of service as Junior Teacher taking into consideration the order dated 18.12.2024 issue by Opp. Party No.3 under Annexure-3 and B.Ed Page 2 of 4. certificate issued by Andhra Keshari University under Annexure-5; ii) And after hearing the parties be pleased to direct the opp. Parties, to regularize the service of the petitioner as a Primary School Teacher w.e.f. 6.10.2021 and release untrained scale and Trained Scale from the date of completion of three years of service as Junior Teacher; iii) The opp. Parties be further directed to calculate and release all arrears of the petitioner; within a date to be fixed by this Hon'ble Court; And pass any other order/orders, direction/directions as deemed fit and proper.” 4. Learned counsel for the Petitioner at the outset contended that the Petitioner was initially engaged as a Sikshya Sahayak by Collector, Angul by virtue of order dated 06.04.2015, accordingly the Petitioner joined in duty. While discharging his duty, the Petitioner acquired the B.Ed. qualification from Andhra Keshari University on 16.08.2023. He further contended that abovenoted University has been granted equivalence by the Utkal University, Odisha, Bhubaneswar. 5. Learned counsel for the Petitioner further contended that in the meanwhile the Petitioner has also completed the O.T.E.T test and he has been issued with a certificate by the Board of Secondary Education, Odisha on 14.02.2026. 6. The grievance of the Petitioner in the present writ application that although as per the scheme the service the Petitioner is to be regularised on completion of six years of service, however the Petitioner has not been regularised in the post of Assistant Teacher. Being aggrieved by such inaction of Page 3 of 4. the Opposite Parties, the Petitioner has approached this Court by filing the present writ application. 7. Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter, however, on a careful examination of the pleadings in the present writ application as well as the documents annexed thereto, it appears that the Petitioner has not approached the Opposite Party No.3, i.e. Collector-cum-Chief Executive Officer, Zila Parishad, Angul for redressal of his grievance. In such view of the matter, learned counsel for the State contended that in the event this Court directs the Petitioner to approach the Opposite Party No.3 with a corresponding direction to the said Opposite Party to consider the case of the Petitioner as per the scheme and by taking into consideration the B.Ed. as well as the OTET certificate of the Petitioner within a stipulated period of time, he will have no objection to the same. 8. Having regard to the submissions made by the learned counsel appearing for the parties, on a careful examination of the background facts as well as the documents annexed to the writ application, further keeping in view the limited nature of the grievance of the Petitioner, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the petitioner to approach the Opposite Party No.3 by filing a detailed representation taking therein all the grounds along with all supporting documents within three weeks from today. In such eventuality, the Opposite Party No.3 shall consider the Page 4 of 4. representation strictly in accordance with law as per the applicable rules as well as the guidelines of the government and dispose of the representation of the Petitioner by passing a speaking and reasoned order. While considering the representation of the Petitioner the Opposite Party No.3 shall take into consideration the certificate at Annexure-5 & 6 to the writ application. The final decision so taken by the Opposite Party No.3 be communicated to the Petitioner within ten days thereafter. 9. With the aforesaid observations and directions, the writ application stands disposed of. 10. Issue urgent certified copy of this order as per Rules. (A.K. Mohapatra) Judge Rubi