Mr.Dhaneswar Behera vs State Of Odisha & Others .... Opp. ...
2025 Latest Caselaw 10858 Ori

Orissa High Court

Mr.Dhaneswar Behera vs State Of Odisha & Others .... Opp. ... on 9 December, 2025

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                       W.P.(C) No.34442 of 2025
                       W.P.(C) No.34449 of 2025
                       W.P.(C) No.34451 of 2025
                       W.P.(C) No.34456 of 2025
                       W.P.(C) No.34505 of 2025
                                   &
                       W.P.(C) No.34545 of 2025

              Bijayalaxmi Mohapatra
              In W.P.(C) No.34442 of 2025

              Ramesh Chandra Swain
              In W.P.(C) No.34449 of 2025
              Dambarudhar Hati
              In W.P.(C) No.34451 of 2025
              Sudhir Kumar Pani
              In W.P.(C) No.34456 of 2025

              Krupasindhu Sahu
              In W.P.(C) No.34505 of 2025
              Kulamani Sahoo
              In W.P.(C) No.34545 of 2025       .... Petitioners
                                   Mr.Dhaneswar Behera, Advocate

                                   -versus-
             State of Odisha & Others              .... Opp. Parties

                                         Mr.J.K. Khandayatray, ASC

                       CORAM:
                       JUSTICE DIXIT KRISHNA SHRIPAD

                                  ORDER

09.12.2025

Order No. The short grievance of the petitioners is as to non-

granting of RACP/MACP benefit after they have put in a particular number of years of service under the extant policy. Learned counsel for the petitioners submits that,

that benefit ought to have been granted to his clients and not giving him is unjustified.

2. Learned AGA appearing for the O.Ps., submits that there cannot be a Mandamus, unless there is demand and rejection. The standard books of law, like the one by Justice B.L.Hansaria's "Writ Jurisdiction" echo this. This is correct position.

3. In the above circumstances, the writ petition is disposed off, reserving liberty to the petitioners to make appropriate application to the concerned authorities, supported by necessary documents within two weeks and if such a representation is made, decision shall be taken by the Jurisdictional Authorities and result thereof shall be informed to the petitioners within an outer limit of six (6) weeks. In that connection, all contentions of the parties are kept open. The consideration shall be in the light of the decision of a coordinate Bench of this Court in Ashok Kumar Mohapatra -vrs.- State of Orissa (O.A.No.1668 of 2017 disposed off vide judgment dated 09.10.2018 and confirmed by this Court in W.P.(C) No.6698 of 2010 and further confirmed by the apex Court in SLP(C) No.15573 of 2020.

It is open to Opp. Party No.3 to solicit any information or document from the side of the petitioners, as are required for due consideration of the subject representation; however in that guise, delay shall not be brooked.

Now, no costs.

Web copy of order to be acted upon by all concerned.

(Dixit Krishna Shripad) Judge Basu

Designation: ADDL. DY. REGISTRAR-CUM-ADDL.

Location: HIGH COURT OF ORISSA : CUTTACK Date: 11-Dec-2025 13:28:22