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Orissa High Court
Dharanidhar Pradhan vs State Of Odisha & Ors. ..... Opposite ... on 30 April, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11945 of 2026
Dharanidhar Pradhan ..... Petitioner
Represented by Adv. -
Laxmikanta Mohanty
-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. 30.04.2026
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, 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 grant grade pay of
Rs.5400/- in favour of the petitioner as 3rd RACP
benefits w.e.f. 21.03.2013 as per Finance Deptt.
Resolution dated 13.2.2025 under Annexure-11 and
why a direction shall not be issued to count the period
of service of the petitioner from 21.3.1983 to 31.3.2013
for all purpose including pensionary benefits instead of
01.01.1987, taking into consideration the order dated
23.3.1990 issued by Opp. Party No.3 under Armexure-3
as well as the Provisions of Rule-18 (2) of DCS Pension
Rules, 1992 ;
ii) And after hearing the parties be pleased to direct the
opp.Parties, to grant Grade pay of Rs. 5400/- as 3rd
RACP benefits in favour of the petitioner w.e.f.
21.03.2013 and revise his pay accordingly and release
the arrears till his superannuation dated 31.3.2013.
Thereafter his pension and pensionary benefits be
revised by counting the entire period of service from
21.3.1983 to 31.3.2013;
iii) The opp. Parties be further directed to calculate and
release all arrears of the petitioner; within a date to be
fixed by this Hon'ble Court;
And pass any other order/orders, direction/directions
as deemed fit and proper."
4. Learned counsel for the Petitioner at the outset contended
that the Petitioner was initially appointed as L.S.E.S. Teacher
w.e.f.17.03.1983, and joined in service from 21.03.1983. While
working as such, the service of the Petitioner was regularised by
the Opposite Party No.3 as a TGT w.e.f. 23.03.1990. Thereafter,
pursuant to the order of the government, the Petitioner was again
regularised w.e.f. his initial date of joining, i.e. 21.03.1983, by
virtue of an order dated 12.01.1993.
5. Learned counsel for the Petitioner further contended that
while working as such the Petitioner was promoted to the post of
Junior SES cadre by Opposite Party No.3 w.e.f. 17.07.1993.
While working as such the Opposite Party No.2 give promotion
to the Petitioner to post of Headmaster in SES cadre w.e.f.
17.06.2006. Thereafter, the pay of the Petitioner was revised as
per ORSP Rules, 2008 with a grade pay of Rs.4200/- w.e.f.
01.01.2006 by virtue of order dated 16.07.2009. While working
as such the Petitioner has retired from service on attaining the
age of superannuation w.e.f. 31.03.2013.
6. The grievance of the Petitioner in the present writ
application is that the Petitioner has not been sanctioned with a
grade pay of Rs.5400/- to which he is entitled to as per the 3 rd
RACP benefit w.e.f. 21.03.2013 as per the Finance Department
resolution dated 13.02.2025 at Annexure-11.
7. Learned counsel for the Petitioner has submitted that
ventilating his grievance though he has approached the Opposite
Party No.3-District Education Officer, Boudh by filing a
representation dated 22.01.2025 and such representation having
been forwarded by the Opposite Party No.3 to the Opposite
Party No.2- Director of Secondary Education of Odisha vide his
letter dated 14.05.2025 at Annexure-12, no final decision has
been taken by the Opposite Party No.2. Being aggrieved by such
inaction the Petitioner has approached this Court by filing the
present writ application.
8. 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 that the Petitioner has
already approached the Opposite Party No.2, who is the
Competent Authority in this matter and that the dispute is still
pending before him, he will have no objection if this Court
directs the Opposite Party No.2 to take a final decision in the
letter of D.E.O., Boudh-Opposite Party No.3 dated 15.05.2025
expeditiously in accordance with law.
9. 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.2 to
consider the representation of the Petitioner under Annexure-12
within a period of eight weeks from the date of production of
certified copy of this order. The Opposite Party No.2 shall do
well to dispose of the representation of the Petitioner under
Annexure-12 by passing a speaking and reasoned order. The
decision so taken by the Opposite Party No.2 be also
communicated to the Petitioner within ten days thereafter.
10. With the aforesaid observations and directions, the writ
application stands disposed of.
11. Issue urgent certified copy of this order as per Rules.
(A.K. Mohapatra)
Judge
Rubi
