Orissa High Court
Manorama Mishra vs State Of Odisha And Others .... Opposite ... on 17 September, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.25708 of 2025
Manorama Mishra .... Petitioner
Mr.Atul Tripathy, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Sanjay Rath, Additional Govt. Advocate
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
01. 17.09.2025
1.
Mr. Atul Triapthy, learned counsel for the petitioner
submitted that by order dated 08.08.2017 of the Deputy Secretary to
Government, Higher Education Department, the claim for arrear
differential dues was rejected applying ratio of judgment rendered
in Union of India and Others vs. Tarsem Singh; (2008) 8 SCC 648.
In W.P.(C) No.24537 of 2021 said refusal was subject matter of
challenge. The writ petition stood disposed of on 19.08.2021 with a
direction to the opposite parties to examine the matter with respect
to claim of the petitioner. In pursuance thereto, the Principal
Secretary to Government in the Department of Higher Education
rejected the claim for arrear based on the aforesaid ratio laid down
in Tarsem Singh (supra). Said order dated 24.02.2023 was
challenged before this Court again in W.P.(C) No.40499 of 2023,
which came to be dismissed vide order dated 15.12.2023. Said
dismissal order by writ Court was challenged before the Division
Bench in W.A. No. 168 of 2024. Vide order dated 24.07.2024 while
dismissing the said writ appeal as withdrawn, the Division Bench
granted liberty to move review application before the learned Single
Judge. Accordingly, the review petition, being RVWPET No.177 of
2024, was filed against the judgment/order dated 15.12.2023 passed
in W.P.(C) No.40499 of 2023. The review petition came to be
disposed of vide order dated 18.03.2025 with the following
observations:-
"6. Having heard learned counsel appearing for the
Parties and considering the materials placed, this Court
is not inclined to review order dtd.15.12.2023 so passed
in W.P.(C) No.40499 of 2023. However, it is observed
that dismissal of the Review Petition will not a bar on the
part of the Petitioner to re-agitate her claim, if as
contended pursuant to similar nature of order passed by
this Court in W.P.(C) No.18981 of 2014 under Annexure-
5, benefit as claimed by the Review Petitioner, has been
extended in favour of the Petitioner of the said Writ
Petition vide order under Annexure-6."
1.2. Being granted such opportunity by this Court, the petitioner
filed representation dated 09.04.2025 before the Principal Secretary
to Government of Odisha, Higher Education Department,
Bhubaneswar, praying for release of differential arrear dues from
June 1994 to December 2011, which is stated to be pending.
1.3. Mr. Atul Tripathy, learned counsel for the petitioner drew
attention of this Court to an order dated 17.07.2025 passed in W.A.
No.3222 of 2023 rendered in the case of State of Odisha and
another vs. Debendranath Mishra and submitted that this Court
held in an identical situation that the principle of Tarsem Singh
(supra) is not applicable.
2. At this stage, Mr. Sanjay Rath, learned Additional
Government Advocate seeks two weeks' accommodation to
examine whether the decision in order dated 17.07.2025 in W.A.
No.3222 of 2023 is applicable to the present fact-situation.
3. List this matter in the week commencing 13th October, 2025.
(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: 17-Sep-2025 18:52:38
