Rajendra Narayan Mishra vs State Of Odisha & Another .... Opposite ...
2025 Latest Caselaw 10370 Ori

Orissa High Court

Rajendra Narayan Mishra vs State Of Odisha & Another .... Opposite ... on 24 November, 2025

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.31326 of 2025
            Rajendra Narayan Mishra             ....                              Petitioner
                                                               Mr. S.B. Jena, Advocate
                                             -Versus-
            State of Odisha & Another                       ....         Opposite Parties
                                                                    Mr. D. Lenka, AGA
             CORAM:
                           JUSTICE DIXIT KRISHNA SHRIPAD
                                             ORDER

Order No.                                   24.11.2025
   01.
                    Petition prayer reads as under:

"Under the abovementioned facts and circumstances of the case, this Hon'ble Court may graciously be pleased to issue a writ of mandamus orany other appropriate writ/writs directing the opp.parties to fix the pay of the petitioner in the UGC Scale of pay from her initial appointment as per the orders and resolution passed by the Government of Odisha and in terms of ratio decided in Judgment dated.27.3.2019 passed in W.P(C) No.20728/2019 and Order dated. 14.12.2022 passed in W.A. No.627/2019 under Annexure-5 and 6 respectively.

And further be pleased to direct the opp.parties to calculate the differential arrear of the petitioner and pay the same to him within a stipulated period as deem fit and proper in the fitness of the case.

And further be pleased to direct the Opp.Parties to grant him all consequential and service benefits."

2. Learned counsel for the Petitioner, in all fairness, submits that no representation has been given with the hope that the State would extend the benefit, as has been done in the case of others, keeping in view the judgment dated 27.03.2019 of the Co-ordinate Bench rendered in W.P.(C) No.20728 of 2019 that has been affirmed in W.P.(C) No.627 of 2019 disposed off on 14.12.2022.

3. Learned AGA-Mr. Lenka appearing for the OPs submits that it has long been settled in the realm of writ jurisprudence that Writ of Mandamus cannot be sought for ordinarily without making a demand and suffering the rejection thereof.

Having so contended, now, he very fairly submits that if Petitioner gives an appropriate representation supported by vouching material, in support of his contention, the same would meet its fate within a reasonable time, as may be prescribed by this Court, provided that all contentions are kept open. This is appreciable.

In the above circumstances and with the above observations, writ petition is disposed off.

Now, no costs.

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

( Dixit Krishna Shripad ) Judge

Madhusmita

Location: HIGH COURT OF ORISSA, CUTTACK