Kshetra Mohan Mahanta vs State Of Odisha & Ors. ..... Opposite ...
2025 Latest Caselaw 1515 Ori

Orissa High Court

Kshetra Mohan Mahanta vs State Of Odisha & Ors. ..... Opposite ... on 21 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                 WP(C) No. 20731 of 2021
Kshetra Mohan Mahanta        .....       Petitioner
                                                       Mr. J.R. Khuntia, Advocate
                                  -versus-
State of Odisha & Ors.               .....               Opposite Party
                                                         Mr. S. K. Jee, AGA


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

21.07.2025

1. This matter is taken up through hybrid mode.

2. Heard Mr. J.R. Khuntia, learned counsel appearing for the Petitioner and Mr. S. K. Jee, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. Petitioner has filed the present Writ Petition inter alia with the following prayer:-

"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 quashing the impugned order No.18639/SME dated

04.12.2020 issued by the School and Mass Education under Annexure-6; and may be directed the opposite parties to count the services of the petitioner rendered during Sikhya Sahayak and Junior Teachers period as his initial date of joining as Sikhya Sahayak was 31.03.2001 which was prior to 01.01.2005 and necessary direction may also be made to the opposite parties to allow the petitioner to subscribe for GPF as per old GPF (O) Rules, 1938 and he may be brought over to the old OCS (Pension) Rules, 1992 instead of new re-structured defined Contribution Scheme of 2005, within a time to be stipulated by this Hon'ble Court;

And

(b) any other order/orders or direction/directions may be issued so as to give complete relief to the petitioner;

And for this act of kindness, the petitioner shall as in duty bound remain ever pray."

4. Considering the nature of relief claimed, this Court while disposing the Writ Petition grants liberty to the Petitioner to make a fresh application before O.P. No.1 for extension of the benefit as prayed for in the Writ Petition.

4.1. It is observed that while considering the claim of the Petitioner, decision rendered by this Court in the case of Swetapadma Samal Vrs. State of Odisha and Others, relied on by the learned counsel for the Petitioner and decisions rendered by this Court on 24.02.2023 in W.P.C(OAPC) No.168 of 2014 as well as order dated 07.04.2022 in W.P.(C) No.17023 of 2012, relied on by the learned State Counsel shall be taken into consideration by O.P. No.1.

5. Learned counsel for the petitioner while is directed to enclose copy of the judgment passed in the case of Swetapadma Samal as cited (supra) along with his representation, learned Addl. Govt. Advocate is directed to provide a copy of the order passed in W.P.C(OAPC) No.168 of 2014 and W.P.(C) No.17023 of 2012 before O.P. No. 1.

6. The Writ Petition is accordingly disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Jul-2025 16:08:02