Sri Sunil Kumar Mohanty vs State Of Odisha And Others ..... ...
2026 Latest Caselaw 3507 Ori

Orissa High Court

Sri Sunil Kumar Mohanty vs State Of Odisha And Others ..... ... on 16 April, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     WP(C) No.10977 of 2026

                 Sri Sunil Kumar Mohanty               .....               Petitioner
                                                               Represented by Adv. -
                                                               Kunal Kumar Swain

                                               -versus-

                 State Of Odisha and others           .....         Opposite Parties
                                                               Mr. C.M. Singh, ASC


                                     CORAM:
                       THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                   MOHAPATRA

                                               ORDER

16.04.2026 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

3. The Petitioner has filed the present writ application with the following prayer:

"Under the above circumstances, it is humbly prayed that the writ petition may be allowed;

And

(A) a writ of mandamus or an appropriate writ may be issued directing the opposite parties more particularly to the opposite party No.1 to act upon the recommendation made by the District Education Officer,

Bhadrak vide his letter dated 07.08.2024 under Annexure:9 and to allow the petitioner to avail Trained Scale of Pay as his qualification is B.A. keeping in view the decision of this Hon'ble Court rendered in the case of Lambodhara Panda Vs. State of Odisha and Others reported in 2011 (1) ILR CUT 862 and further the petitioner may be promoted to the rank of Level-V (B) Senior Teacher and Level-IV Graduate Teacher of the Elementary Cadre as his juniors have already got promotion to such posts at least from the date his juniors have got promotion to such posts with all consequential benefits, within a time to be stipulated by this Hon'ble Court;

(B) And any other order / orders or direction/directions may be issued so as to give complete relief to the petitioner;"

4. Learned counsel for the Petitioner at the outset contended that the Petitioner was having a B.A. qualification faced the due process of selection for appointment as an Assistant Teacher, and accordingly, he was selected by the Managing Committee of Baladev Jew M.E. School on 20.10.1987. Thereafter, the Petitioner joined in service on 26.10.1987. Subsequently, the appointment of the Petitioner was approved by the Government vide order dated 04.01.1989. In support of such contention, learned counsel for the Petitioner referred to the service book of the Petitioner at Annexure- 1 and laid emphasis on the endorsement made in the service book.

5. Learned counsel for the Petitioner further submitted that after approval of the appointment of the Petitioner he was getting regular

monthly salary under the Direct Payment Scheme in the scale of pay attached to the untrained teachers. He further contended that as per the resolution of the Government dated 25.08.1982, untrained teachers having higher qualification like Graduation and Post- Graduation can be appointed as a Trained Matric Teacher in M.E. Schools and High Schools and that they are also entitled to get the scale of pay attached to the Trained Matric Teachers. A copy of the Government resolution dated 25.08.1982 has also been annexed to the writ petition as Annexure-2.

6. Learned counsel for the Petitioner, laying emphasis on the Government resolution dated 25.08.1982 and further citing the educational qualification of the Petitioner, contended before this Court that the Petitioner is eligible to get the Trained Matric School of pay as he has the requisite degree qualification. Since the Petitioner was not allowed the trained matric scale, he was compelled to initially approach the learned Odisha Administrative Tribunal by filing O.A. No.1544(C) of 2017. After abolition of the Tribunal the said O.A. was transferred to this Court. A coordinate bench of this court vide order dated 24.08.2023 disposed of the O.A. by directing the Opposite Party No.1 to consider the case of the Petitioner within a period of three months. In course of his argument, learned counsel for the Petitioner referred to the judgment of this Court in Lambodhara Panda v. State of Orissa & Ors. reported in 2011 (I) ILR CUT 862 and submitted before this Court that in a similar case where the Petitioner-Teacher was having B.A. qualification this Court had directed for grant of trained matric scale to the Petitioner in that case. Referring to the aforesaid judgment learned counsel for the Petitioner contended that the case of the

Petitioner is squarely covered by the ratio laid down by this Court in Lambodhara Panda's case (supra). He further referred to the letter dated 07.08.2024 of the DEO, Bhadrak at Annexure-9 to the writ petition. As per his letter, the DEO, Bhadrak has recommended the case of the Petitioner to the Government for grant of trained matric scale. Although such recommendation has been placed before the Government, no final decision has been taken on such recommendation. Being aggrieved by such inaction of the Government, the Petitioner has approached this Court by filing the present writ petition.

7. Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter, however, taking into consideration the fact stated in the writ petition as well as the document annexed thereto, it appears that the case of the Petitioner has already been considered by the Opposite Parties pursuant to the order passed by the coordinate bench on 24.08.2023 at Annexure-8. He further submitted that as per the letter at Annexure-9 to the writ petition, the case of the Petitioner has already been recommended by the DEO, Bhadrak to the Government. He further submitted that in the event no decision has been taken on the letter dated 07.08.2024 at Annexure-9 by the Government of Odisha, he will have no objection in the event this Court directs the Opposite Party No.1 to consider such recommendation within a stipulated period of time.

6. Considering the submissions made by the learned counsels appearing for the respective parties, on a careful analysis of their submission and on a close scrutiny of the document annexed to the writ petition, further keeping in view the letter dated 07.08.2024 at Annexure-9, this Court deems it proper to dispose of the writ

petition at the stage of admission by directing the Opposite Party No.1 to consider the letter of the DEO, Bhadrak dated 07.08.2024 at Annexure-9 and communicate his final decision to the DEO, Bhadrak-Opposite Party No.3 within a period of eight weeks from the date of communication of a certified copy of today's order. The final decision so taken be communicated to the Petitioner within ten days thereafter.

7. With the aforesaid observations/directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

                                                           ( Aditya Kumar Mohapatra )
                                                                      Judge

S.K. Rout






            Signed by: SANTANU KUMAR ROUT                                          Page 5 of 5.

            Location: High Court of Orissa, Cuttack
            Date: 21-Apr-2026 11:06:56