[Cites 1, Cited by 0]
Orissa High Court
Abani Ranjan Nayak vs State Of Odisha & Ors. ..... Opposite ... on 23 April, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11436 of 2026
Abani Ranjan Nayak ..... Petitioner
Represented by Adv. -
Binod Kumar Mishra
-versus-
State of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
Mr. D.K.Sahoo, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 23.04.2026
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate for the State-Opposite Parties.
Perused the writ application as well as the prayer made therein.
3. The Petitioner has filed the present writ application with
the following prayer:
"It is, therefore, most humbly prayed that this
Hon'ble Court would graciously be pleased to admit
this writ petition, call for the records and issue RULE
NISI calling upon the Opposite Parties to show cause
as to why:
The Petitioner shall not be granted one notional
increment for the period from 01.06.2024 to 31.05.2025
by treating 01.06.2025 as the date of grant of notional
increment for the purpose of pensionary benefits, in
view of the Office Memorandum No.2392/F dated
22.01.2025(annexure-3) issued by the Finance
Department, Government of Odisha and the law laid
down by this Hon'ble Court in Arun Kumar Biswal v.
State of Odisha;
And if the Opposite Parties fail to show cause or
sufficient cause, the said RULE may be made absolute;
And this Hon'ble Court may further be pleased to
pass such other order(s) as deemed fit and proper in the
facts and circumstances of the case."
4. It is stated by the learned counsel for the Petitioner that the
Petitioner who was serving under the Government, retired from
service on 31.05.2025 that is the day before he was entitled to the
next increment. Learned counsel for the Petitioner further contended
that in an identical matter this Court in the matter of Arun Kumar
Biswal vs. State of Odisha decided in W.P.(C) No.17715 of 2020
vide judgment dated 30.07.2021 has already decided the law
applicable to the similar cases. Referring to the judgment in Arun
Kumar Biswal's case (supra), learned counsel for the Petitioner
contended that a Co-ordinate Bench of this Court, while disposing of
the writ application, has held that the Petitioner in that case was
entitled to get the notional increment for the year to the extent of
pensionary benefits only and accordingly a direction was given to the
State-Opposite Parties to extend such benefits in favour of the
Petitioner by refixing his salary on the basis of notional increment as
admissible and, accordingly, direction was given for revision of the
pensionary benefits within a stipulated period of time. In view of the
aforesaid judgment, learned counsel for the Petitioner contended that
the Petitioner is also entitled to notional increment as has been held
by the Co-ordinate Bench in Arun Kumar Biswal's case (supra).
5. Learned counsel for the State on the other hand contended that
the Petitioner has already approached the Opposite Party No.1 by
filing a detailed representation dated 12.01.2026 and it appears that
the same is still pending for consideration before the Opposite Party
No.1. In such view of the matter, learned counsel for the State
contended that in the event no final decision has been taken on the
representation of the Petitioner at Annexure-4 by the Opposite Party
No.1, he will have no objection if this Court directs the Opposite
Party No.1 to consider such representation in accordance with law,
within a stipulated period of time.
6. Having regard to the submissions made by the learned counsels
appearing for both sides, on a careful examination of the background
facts, further keeping in view the principle of law laid down by the
Co-ordinate Bench in Arun Kumar Biswal's case (supra), this Court
is of the view that the case of the Petitioner is somewhat identical to
the one involved in Arun Kumar Biswal's case. Therefore, the
present writ application is being disposed of in terms of the judgment
of the Co-ordinate Bench of this Court in Arun Kumar Biswal's case
(supra). Accordingly, the Opposite Party No.1 is directed to consider
the case of the Petitioner in terms of the aforesaid judgment within a
period of two months from today and pass necessary orders on the
representation of the Petitioner at Annexure-4. It is further directed
that if there are no other legal impediment, the Opposite Party No.1
shall do well to apply the principle laid down by this Court in Arun
Kumar Biswal's case (supra) to the case of the Petitioner in the
aforesaid time and the Petitioner be extended with the financial
benefits as is due an admissible within a period of six weeks from the
date of taking such decision.
7. With the aforesaid observations and directions, the writ
application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
(A.K. Mohapatra)
Judge
Rubi
