[Cites 3, Cited by 0]
Orissa High Court
Benudhara Nandi vs State Of Odisha & Ors. ..... Opposite ... on 21 April, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11912 of 2026
Benudhara Nandi ..... Petitioner
Represented by Adv. -
Pitambar Panda
-versus-
State of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
21.04.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as
learned Additional Standing Counsel appearing 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:
"Therefore, it is most humbly prayed that this
Hon'ble Court may be graciously pleased to admit this
writ petition, issue rule Nisi calling upon the Opp. Parties
to show cause as to why the Opp. Parties shall not be
directed to implement the PwD quota in promotion from
one cadre to another cadre in consonance to RPwD Act,
2016 and SSEPD resolution dtd. 25.02.2021 preparing
final gradation list of Junior SES for the promotion to the
cadre of Sr. SES, Headmasters and issuing the writ of
mandamus, directing the opposite parties to prepare a
fresh updated gradation list implementing the PwD quota
in promotion as per provision under section 34 of PWD
Act, 2016 while quashing the impugned gradation list
dtd.09.02.2026, under Annexure-6.
And, pass any order/ orders as deemed just and
proper."
4. Learned counsel for the Petitioner at the outset contended
that initially the Petitioner, who happens to be a physically
handicapped person, was issued with a physically handicapped
certificate on 27.01.2004. Thereafter, the Petitioner participated in
the recruitment process and he was selected as against a post
reserved for the person with disability and, accordingly, the
Petitioner joined in duty on 03.10.2008. Thereafter, the service of
the Petitioner was regularized with effect from 03.10.2014 as
Junior SES, TGT (PCM).
5. While this was the position, the SSEPD Department,
Government of Odisha on 25.02.2021 came up with a resolution in
respect of the PwD quota. Drawing attention of this Court to the
resolution dated 25.02.2021 at Annexure-3, learned counsel for the
Petitioner referred to Clause-23 of that notification and stated
before this Court that a policy decision has been taken with regard
to reservation of posts for the persons with disability as per the
RPwD Act, 2016. He further contended despite the provision
contained in the RPwD Act, 2016 and the resolution of the State
Government dated 25.02.2021 at Annexure-3, the case of the
Petitioner was not considered for promotion against the post
reserved for the person with disabilities. On the contrary, the
Opposite Parties have published the final gradation list at
Annexure-6 without considering the case of the Petitioner for
promotion to the next higher post. Being aggrieved by such conduct
of the Opposite Parties, the Petitioner has approached this court by
filing the present writ application.
6. Learned counsel for the State on the other hand contended
that although he has no instructions in the matter, however, on a
careful consideration of the documents attached to the writ
application, it appears that the Petitioner has not approached the
Opposite Parties for redressal of his grievance in view of the
provisions contained in the abovenoted Act as well as the resolution
of the Government at Annexure-3 to the writ application. In such
view of the matter, learned counsel for the State contended that in
the event this court grants liberty to the Petitioner to approach the
Opposite Party No.2 for redressal of his grievance in accordance
with law and the applicable rules/ resolutions, he will have no
objection to the same.
7. Having heard the learned counsels appearing for the
respective parties and on a careful examination of the background
facts, further keeping in view of the limited nature of the grievance
involved in the present writ application, this Court deems it proper
to dispose of the present writ application at the stage of admission
by granting liberty to the Petitioner to file a fresh representation
before the Opposite Party No.2 taking therein all the grounds along
with all supporting documents within two weeks from today. In
such eventuality, the Opposite Party No.2 shall consider the case of
the Petitioner keeping in view the provisions contained in RPwD
Act, 2016 as well as the notification of the SSEPD Department,
Government of Odisha dated 25.02.2021 at Annexure-3 to the writ
application. The Opposite Party No.2 shall do well to dispose of the
representation by passing a speaking and reasoned order within a
period of eight weeks from the date the Petitioner approaches the
Opposite Party No.2 along with a copy of today's order. The final
decision so taken be communicated to the Petitioner within 10 days
thereafter. While considering the representation of the Petitioner,
the Opposite Party No.2 shall take into consideration the judgment
of the Division Bench of this court in Orissa Association for the
Blind, Bhubaneswar vs. State of Odisha and others decided in
W.P.(C) No.16512 of 2023 vide order dated 30.01.2024 as well as
the judgment of the Hon'ble Supreme Court in Siddaraju vs. State
of Karnataka decided in Civil Appeal No.1567 of 2017 vide order
dated 28.09.2021. It is further directed that in the event the post of
Senior SES, Headmasters has not been filled up in the meantime,
one post shall not be filled up till disposal of the representation of
the Petitioner by the Opposite Party No.2 in the manner as has been
directed hereinbefore.
8. With the aforesaid observation/ direction, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 22-Apr-2026 14:54:26
