Karunakar Mallik vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 10183 Ori

Orissa High Court

Karunakar Mallik vs State Of Odisha And Others .... Opposite ... on 19 November, 2025

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No.15504 of 2025

            Karunakar Mallik                                ....                  Petitioner
                                                            Mr. K.K. Swain, Advocate


                                             -Versus-
            State of Odisha and others                      ....         Opposite Parties
                                                              Mr. S.B. Mohanty, AGA

             CORAM:
                            JUSTICE DIXIT KRISHNA SHRIPAD
                                             ORDER

Order No.                                   19.11.2025
   02.
                    Petition prayer reads as under:

"(A) a writ of mandamus or an appropriate writ may be issued by quashing the impugned order dated 25.11.2024 issued by the Commissioner-cum-Secretary to Government of Odisha in Higher Education Department, Bhubaneswar under Annexure:10 and necessary direction may be made to the opposite parties more particularly to opposite party Nos.l and 2 to grant Lecturer (Senior Scale) of pay to the petitioner with effect from 11.11.1993 instead of 11.11.1998 within a time to be stipulated by this Hon'ble Court;"

2. Learned counsel for the petitioner submits that the subject matter of this petition is substantially similar to one in W.P.(C) No.14451 of 2016 between Sanjib Kumar Mohanty v. State of Odisha & others, heard and disposed off by a Co-ordinate Bench of this Court vide order dated 06.03.2014, whereby at Paragraph- 9.5 the impugned order of the kind having been quashed, relief has been accorded. Paragraph-9.5, being the operative portion of the judgment, is reproduced for ease of reference:

"9.5. In view of the aforesaid analysis, this Court is inclined to quash Office order dtd.29.07.2016 so passed by the

Government-Opposite Party No.1 under Annexure-1. While quashing the same, this Court directs the Opposite Party Nos.1 and 2 to consider the claim of the Petitioner to get Senior Scale and Reader Scale of pay by relaxing the stipulation as contained in order dtd.18.07.2013 under Annexure-6 and take a fresh decision within a period of three (3) months from the date of receipt of this order."

3. Learned AGA submits that the said judgment has been put in challenge in W.A. No.1564 of 2024 and therefore, till disposal of the said Writ Appeal, this matter may be kept pending. When asked as to whether there is any interim order of stay, in all fairness, learned AGA submits that to his knowledge there is no such thing.

4. Learned Counsel for the petitioner, on being asked, specifically tells the Court that there is no interim order in the pending appeal, which may take its own time to come up for final disposal. He also tells that let the relief be granted to his client subject to outcome of the Writ Appeal. This is fair and reasonable.

In the above circumstances, this Writ Petition succeeds; impugned order at Annexure-10 is quashed by issuance of Writ of Certiorari. A Writ of Mandamus issues, as has been issued in the cognate petition. All this is subject to outcome of the Writ Appeal.

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

( Dixit Krishna Shripad ) Judge

Anisha

Location: High Court of Orissa, Cuttack Date: 20-Nov-2025 10:49:33