Dr. Bamakanta Garnaik vs State Of Odisha & Others ... Opp. Parties
2025 Latest Caselaw 1624 Ori

Orissa High Court

Dr. Bamakanta Garnaik vs State Of Odisha & Others ... Opp. Parties on 23 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.19481 of 2025
         Dr. Bamakanta Garnaik                  ...             Petitioner

                                               Mr. S.B. Jena, Advocate
                                    -versus-

         State of Odisha & Others               ...          Opp. Parties

                                               Mr. M.R. Mohanty, AGA
                             CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                 ORDER

Order No. 23.07.2025

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

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

"Under the above mentioned facts and circumstances of the case, this Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ/writs directing the opp. parties to disburse the differential amount to the petitioner w.e.f. 03.03.2016 by fixing his scale of pay Pay Band4[Rs.37400-67000 plus with an Academic Grade Pay (AGP) of Rs.9000/-] as per Clause-4.3.0 read with Appendix-III, Table-II (c) of the University Grants Commission Regulation on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measure for the maintenance of Standards in Higher Education, 2010 (herein referred to as UGC Regulation 2010) and its subsequent amendments of 2013 and 2016, read with clause-(iii) of SubRule-7(1) of Orissa Revised Scales of Pay for University Teachers (UGC Scale of Pay) Rules, 2010 (herein referred to as Orissa Rules, 2010), presently at Academic Level-13A (7th pay) as per ORSPUT Rules, 2019 from the date of his joining at Sambalpur University.

And further be pleased to direct the Opp. parties to grant him all consequential and service benefits including arrears within one month along with 7% per annum interest to be calculated from the date of joining so as to maintain inter-se-seniority.

Or pass any other order/orders as this Hon'ble Court may deem think fit and proper."

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.2 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. It will be considered in the light of the judgment passed by this Court under Annexure-8 in W.A. Nos.186 & 187 of 2018, if the same is applicable to the facts of the present petitioner's case. The order so passed by the Opp. Party No.2 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ

Petition is disposed of.

Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Jul-2025 09:54:22 (Biraja Prasanna Satapathy) Judge amit