Nikunja Bihari Swain vs State Of Odisha & Ors
2026 Latest Caselaw 3378 Ori

Orissa High Court

Nikunja Bihari Swain vs State Of Odisha & Ors on 10 April, 2026

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK

                     WP(C) No.37846 of 2025

Nikunja Bihari Swain                  .....                  Petitioner
                                                      Ms. P. Naidu, Advocate




State of Odisha & Ors.               .....                Opposite Parties
                                                           Mr. A. Tripathy, AGA


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

10.04.2026

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

"The Petitioner therefore most humbly prays that this Hon'ble Court may graciously be pleased:-

(i) To admit this writ application and Issue notice to the Opposite parties

(ii) And direct the Opp. Party authorities to extend 3rd RACP benefits in favour of the petitioner on completion of 30 years of service by fixing his basic pay appropriately in the time scale of Rs.9,300/- to Rs.34,800/- with G.P. Rs.4800/- w.e.f. 01.01.2013 along with all consequential financial benefits including the revision of pay as per ORSP Rules 2017 so also pension within a time bound period for the interest of justice.

(iii) And to consider the representation filed by the Petitioner under Annexure 2 in light of the judgement passed in W.P(C) no 8826 of 2021 disposed of on 30.03.2021.

(iv) And be pleased to pass any other Writ(s), Direction(s), Order(s) as this Hon'ble Court may be deemed fit and proper;

And for this act of kindness, the petitioner shall as in duty bound ever pray."

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh 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 (3) weeks hence.

5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No.2 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No.2 be communicated to the Petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge Subrat

Location: HIGH COURT OF ORISSA, CUTTACK