Orissa High Court
Narendra Kumar Rout vs State Of Odisha And Others .... Opposite ... on 22 October, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23607 of 2025
Narendra Kumar Rout .... Petitioner
Mr. Bibekananda Mahapatra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Dayanidhi Lenka,
Additional Government Advocate
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
01. 22.10.2025
1.
It is submitted by Mr. Bibekananda Mahapatra, learned
Advocate that the petitioner, a peon, having joined in service on
01.05.1984, his post was approved by the Inspector of School on
19.04.1991 and he got retired on 30.04.2024. Since the opposite
parties have not granted the petitioner legitimate pay in terms of the
Revised Assured Career Progression Scheme under the Odisha
Revised Scale of Pay Rules 2008 read with the Odisha Finance
Department Resolution dated 06.02.2013, the present writ petition
has been filed.
1.2. It is stated that the Government in School and Mass
Education Department issued Letter dated 23.08.2017 clarifying
inter alia that period of service for RACP benefit of the employees
of taken over school would be counted from the date of the
employee counts it for fixation of inter se seniority in the cadre of
promotion. The issue involved in the present case was before the
Odisha Administrative Tribunal in the case of Ashok Kumar
Mohapatra v. State of Orissa [O.A. No.1668 of 2017], which was
disposed of by the Odisha Administrative vide order dated
09.10.2018. The said order being challenged before this Court in
W.P.(C) No.6698 of 2020, the same was dismissed vide order dated
13.03.2020. The opposite parties further carried the matter in
SLP(C) No.15573 of 2020, which stood dismissed on 04.01.2021.
1.3. Learned counsel for the petitioner drew attention of this
Court to Annexure-4 i.e. letter dated 14.07.2022 issued by the
Directorate of Secondary Education, Odisha, Bhubaneswar, which
reads as follows:-
"DIRECTORATE OF SECONDARY EDUCATION,
ODISHA, BHUBANESWAR.
No.16991/4A-41-2021-IV Dt.14.07.2022
All District Education Officers of the State.
Sub: Implementation of Order Dtd.09.10.2018 passed in
OA No.1668/2017 filed by Shri Ashok Kumar Mohapatra
in the matter of RACP benefits.
Madam/Sir,
After dismissal of WP(C) No.6698/2020 and SLP
No.15573/2020, the Govt. in School & Mass Education
Department with concurrence of Finance Department have
agreed to implement the order Dt.9.10.2018. All similarly
situated teachers/employees who have obtained favourable
orders from the Hon'ble Court citing the order
dtd.09.10.2018 BEING SIMILARLY SITUATED may also
be extended the benefit.
Approval of Govt. for implementation of Court
direction has been received in OSWAS File no.SME-1,
EGAL2-CASE1-0122-2022.
Yours faithfully,
S/d. Director Secondary Education.
2. Heard learned counsel appearing for the parties.
3. Mr. Dayanidhi Lenka, learned Additional Government
Advocate does not dispute such communication vide Annexure-4.
4. Learned counsel for the petitioner submitted that similarly
situated employees have approached this Court. From the copy of
order dated 10.04.2025 passed in Dillip Kumar Sahoo vs. State of
Odisha & Others, W.P.(C) No.8681 of 2025, it is seen that this
Court passed the following order:
"1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the parties.
3. Learned counsel for both the parties agreed that
the issue involved in this writ petition is analogues to
one involved in O.A. No. 1668 of 2017 (Ashok Kumar
Mohapatra v. State of Orissa), which was disposed of
by the Odisha Administrative Tribunal vide judgment
dated 09.10.2018 and confirmed by this Court in
W.P.(C) No.6698 of 2020 and further confirmed by the
apex Court in SLP(C) No.15573 of 2020.
4. In view of the above and considering the limited
prayer to consider the case of the petitioner in the light
of the judgment rendered in Ashok Kumar Mohapatra
(supra), this writ petition stands disposed of directing
the competent authority to dispose of the case of the
petitioner applying the decision rendered in the case of
Ashok Kumar Mohapatra (supra) by undertaking the
entire exercise within a period of two months from the
date of communication of the order."
4.1. Sri Dayanidhi Lenka, learned Additional Government
Advocate being supplied with the copy of said order, submitted that
the opposite parties would consider such representation of the
petitioner.
5. In such view of the matter, keeping the matter pending
would subserve no fruitful purpose. In view of Letter dated
14.07.2022 referred to above, the writ petition is disposed of in the
light of aforesaid order of this Court in W.P.(C) No.8681 of 2025
with the same terms.
(M.S. Raman)
Judge
Aswini
Signature Not
Verified
Digitally Signed
Signed by: ASWINI KUMAR
SETHY
Designation: Personal Assistant
(Secretary-in-Charge)
Reason: Authentication
Location: ORISSA HIGH
COURT, CUTTACK
Date: 23-Oct-2025 11:19:16
