Padmabati Mohanty vs State Of Odisha And Others ..... ...
2026 Latest Caselaw 3612 Ori

Orissa High Court

Padmabati Mohanty vs State Of Odisha And Others ..... ... on 20 April, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) No.11550 of 2026
            Padmabati Mohanty               .....    Petitioner
                                                             Represented by Adv. -
                                                             Laxmikanta Mohanty

                                           -versus-
            State of Odisha and others            .....           Opposite Parties
                                                             Represented by Adv. -

                                                             Mr. C.M. Singh, ASC

                                  CORAM:
                   MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                           ORDER

20.04.2026 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Parties.

3. On the oral prayer of the learned counsel for the Petitioner, he is permitted to correct the description of the Opposite Party No.3 to the writ application. It is stated by the learned counsel for the Petitioner he has already uploaded the corrected copy of the cause title. The same be accepted and taken on record.

4. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

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

"It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opp. Parties calling upon them to file show cause as to why ;-

i) A direction shall not be issued to release T.G. Scale in his favour w.e.f 16.11.2020 taking into consideration the qualification of the petitioner and resolution dated 16.11.2020 under Annexure-7 as

dated 1.3.2025 under Armexure-9 ;

ii) And after hearing the parties be pleased to direct the opp. arties, to release T.G. Scale in favour of the petitioner w.e.f. 16.11.2020 with arrears;

iii) The opp. Parties be further directed to calculate and release all arrears of the petitioner arising out of pay fixation in T.G. Scale within a date to be fixed by this Hon'ble Court;

And pass any other order/orders, direction/directions as deemed fit and proper;

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

6. Learned counsel for the Petitioner at the outset contended that the Petitioner was initially appointed as a Hindi Teacher and his service was approved with effect from 11.03.2016 under the GIA order 2015. While working as such enhanced Block grant was released in favour of the Petitioner with effect from 18.03.2019. Learned counsel for the Petitioner at this juncture contended that while continuing as Hindi Teacher, the Petitioner completed is MA in Hindi from Utkal University in the year 2018.

7. In course of his argument, learned counsel for the Petitioner referred to the Resolution of the Opposite Party No.1 dated 16.11.2020 at Annexure-7 and submitted before this Court that the Government in the School and Mass Education Department has taken a policy decision and issued a clarification with regard to scale of Pay to be allowed to untrained Hindi Teachers in

Secondary Schools. As per the aforesaid clarification at Annexure-7 Hindi Teachers who have completed MA in Hindi shall get TG Scale of Pay. Accordingly, the Petitioner approached the Opposite Parties for grant of TG Scale of Pay after he had completed M.A. By filing a representation dated 15.05.2025 at Annexure-9. It is stated to be pending before the District Education Officer, Angul-Opposite Party No.3. Being aggrieved by inaction of the Opposite Party No.3, the Petitioner whose compel to approach this Court by filing the present writ application.

8. In course of argument, learned counsel for the Petitioner further submitted that in a case of similar nature, the Opposite Party No.3, the District Education Officer, Angul has allowed the TG Scale of Pay is a Hindi Teacher who had subsequently acquired MA in Hindi.

9. Learned counsel for the State on the other hand contended that he has no instruction in the matter. However, taking into consideration the submission made by the learned counsel for the Petitioner and further keeping in view the nature of the grievance. He further contended that he will have no objection, this Court directs the Opposite Party No.3 to consider and dispose of the representation of the Petitioner dated 15.05.2025 at Annexure-9, if the representation is still pending, strictly in accordance with law and the applicable rules and guidelines of the State Government within a stipulated period of time.

10. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.3 to consider

and dispose of the representation of the Petitioner under Annexure-9 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.3 shall do well to dispose of the representation of the Petitioner under Annexure-9 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.3 be also communicated to the Petitioner within ten days thereafter.

11. With the aforesaid observation/ direction, the writ application stands disposed of.

12. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Sisir

Designation: PERSONAL ASSISTANT