Orissa High Court
Sangram Keshari Prusty vs ) State Of Odisha .... Opposite Parties on 8 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO.9834 OF 2025
Sangram Keshari Prusty .... Petitioner
Mr. Avijit Mishra,
Advocate
-versus-
1) State of Odisha .... Opposite Parties
2) Secretary to Govt. School &
Mass Education Department
3) State Project Director,
OPEPA/OSEPA, Bhubaneswar
Mr. Umesh Chandra Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
08.04.2025
Order No.
01. 1. This matter is taken up through Hybrid arrangement
(Virtual / Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well
as learned Additional Standing Counsel for the State.
3. Perused the writ application as well as the annexure
thereto.
4. The present writ application has been filed for the
following payer:-
"Under these facts and circumstances it is most humbly prayed
therefore that this Hon'ble Court may graciously be pleased to direct
the opp.parties to pay the arrear salary of the petitioner revising his
monthly remuneration as per the decision of 30* executive body
meeting and consequential order no. 7970 dated 20.09.2014 issued
by opp.party no-3 where along with other perks the petitioner is
entitled for increment in salary from 2020 to 2025 and enhancement
of DA from 154% to 246%
And further be pleased to direct the opp. parties to pay the
petitioner his current salary revising the same as per the decision of
30* executive body meeting and consequential order no. 7970 dated
20.09.2014 issued by opp.party no-3, where along with other perks
the petitioner is entitled for increment in salary from 2020 to 2025
and enhancement of DA from 154% to 246%.
Or in the alternative pass any other order/orders deem fit and
proper in this case."
5. Learned counsel for the Petitioner at the outset and
contended that the Petitioner was appointed as a Technical
Consultant by the Opposite Party No.3 on 08.08.2014. It was
further submitted that for the purpose of looking into the
grievance of the employees working under the OPEPA, a
Committee was constituted on 29.07.2013. Later, at the 4th
Governing Body meeting, a decision was taken to authorize the
Committee constituted on 29.07.2013 to examine the grievances
of the employees working in OPEPA Project, particularly with
regard to the fixing of their pay. The Executive Committee that
was constituted to look into the grievance of the employees of
OPEPA held its meeting on 06.03.2014. And in the said meeting,
some recommendations were made with regard to the fixation of
pay of employees working in the OPEPA Project. Thereafter, the
recommendation of the Executive Committee was accepted and
the salary of the OPEPA employees were revised w.e.f.
20.09.2014. While this was the position, on 01.08.2019, the
Special Secretary to Government, School & Mass Education
Department under Annexure-8 took a decision to freeze the
existing remuneration of the employees w.e.f. 31.03.2019.
6. Being aggrieved by such decision of the Government, this
Petitioner along with the some of the employees of the OPEPA
challenged the order dated 01.08.2019 by filing a writ petition
bearing W.P.(C) No.14619 of 2019. A Coordinate Bench of this
Court took up those matters for hearing and vide common
judgment dated 11.03.2025 disposed of the writ application by
quashing the impugned order dated 01.08.2019 under Annexure-
17 to that writ application, which is under Annexure-8 to the
present writ application.
7. Learned counsel for the Petitioner at this juncture, further
contended that although the decision taken by the School &
Mass Education Department, Government of Odisha on
01.08.2019 under Annexure-8 has already been quashed by this
Court in the previous writ application in W.P.(C) No.14619 of
2019 vide judgment dated 11.03.2025, however, the benefits of
that judgment has not been extended in favour of the present
Petitioner.
8. Learned counsel for the State on the other hand contended
that the judgment of the Coordinate Bench was delivered only on
11.03.2025. He further contended that the Petitioner has not
approached the Opposite Parties before approaching this Court
by filing the present writ application.
9. In such view of the matter, learned counsel for the State
further contended that he will have no objection, in the event,
this Court directs the Petitioner to approach the Opposite Party
No.2 by filing a detailed representation taking therein all such
grounds and all supporting documents including the copy of the
judgment dated 11.03.2025 passed in W.P.(C) No.14619 of 2019
within a week from today. Further, the Opposite Party No.2 is
directed to consider the same in accordance with law and within
a stipulated period of time.
10. Considering the submissions made by the learned counsel
appearing for the parties and after examination of the background
facts, further keeping in view the judgment dated 11.03.2025
passed in W.P.(C) No.14619 of 2019, this Court deems it proper
to dispose of this writ application by granting liberty to the
Petitioner to approach the Opposite Party No.2 by filing a detailed
representation, taking therein all the grounds along with all
supporting documents within three weeks from today. In such
mentality, the Opposite party No.2 shall do well to consider the
representation of the Petitioner by taking into consideration the
common judgment dated 11.03.2025, as has been referred to
hereinabove, and take a final decision within a period of eight
weeks from the date of communication of the certified copy of the
today's order. The final decision so taken be communicated to the
Petitioner within ten days thereafter.
11. With the aforesaid observations/ directions, the writ
application stands disposed of.
12. Issue urgent certified copy of this order as per Rules.
(A.K. Mohapatra)
Judge
Narayan
