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Orissa High Court
Sushree Sangita Dash vs State Of Orissa And Others ..... ... on 9 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4203 of 2026
Sushree Sangita Dash ..... Petitioner
Represented by Adv. -
Pitambar Panda
-versus-
State Of Orissa and others ..... Opposite Parties
Represented by Adv. -
Mr. A. Mohanty, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
09.02.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State. Perused the writ application as well as the
documents annexed thereto.
3. By filing the present writ application the Petitioner has
made the following prayers:
It is, therefore most humbly prayed that this
Hon'ble Court may be graciously pleased to admit
this writ petition, issue rule Nisi calling upon the
0pp. Parties to show cause as to why the 0pp.
Parties shall not be directed to release the arrear
salary for the claimed period along with sanction of
notional increment pursuant to order dtd.
28.06.2023 under Annexure-3 as entitled upon
showing insufficient cause/no cause, issue the writ of
mandamus directing the 0pp. Parties to release the
arrear salary for the claimed period along with
sanction of notional increment pursuant to order
dtd. 28.06.2023 under Annexure-3.
And, order/ orders as deemed just and proper.
And for this act of kindness, the petitioners as
in duty bound shall ever pray."
4. Learned counsel for the Petitioner at the outset contended
that initially the Petitioner was appointed as a TGT Arts Teacher
with effect from 11.03.2020. Pursuant to the order of the DEO,
Balasore dated 06.03.2020 while working as a TGT Teacher the
Petitioner tendered her resignation.
5. The grievance of the Petitioner in the present writ
application that although the Petitioner has worked under the
Principal of MPC Higher Secondary School, Baripada, however
she has not been paid her arrear salary. In the aforesaid context,
learned counsel for the Petitioner drawing attention of this Court
to the Letter No.6775 dated 13.05.2024 issued by the ADEO,
Balasore to the Principal of MPC Higher Secondary School
submitted before this Court that Non-Drawal Salary Certificate
has already been issued by the competent authority. He further
submitted that as per the letter dated 13.05.2024, the arrear bill in
respect of the Petitioner and similarly situated other persons are
pending. So far as the Petitioner is concerned, it has been clearly
mentioned in the letter under Annexure-5 that she has not received
arrear bills from 17.10.2022 to 07.02.2023. It was also contended
that incremental benefit as is due and admissible to the Petitioner
has also not been sanctioned in favour of the Petitioner. Being
aggrieved by such inaction of the Opposite Party, 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 specific instruction in the matter, however
on perusal of the letter dated 13.05.2024 at Annexure-5 it appears
that some dues are still outstanding are to be paid to the Petitioner,
as is evident from the letter at Annexure-5.
7. In such view of the matter, learned counsel for the State
further submitted that the Petitioner has not approached the
competent authority before approaching this Court for redressal of
her grievance. In such view of the matter, learned counsel for the
State contended that in the event the Petitioner is granted liberty to
approach the competent authority for redressal of her grievance in
accordance with law and within a stipulated period of time, he will
have no objection to the same.
8. Considering such submissions made by the learned counsels
appearing for both sides, on a careful examination of the dispute
involved in the present writ application as well as the documents
annexed thereto. Further keeping in view the nature of dispute
involved, this Court deems it proper to dispose of the writ petition
at the stage of admission by granting liberty to the Petitioner to
approach the DEO, Balasore-Opposite Party No.3 by filing a
detailed representation taking therein all the grounds along with
all supporting documents within a period of two weeks from
today. In such eventuality, the Opposite Party No.3 shall do well
to consider the grievance of the Petitioner as involved in her
representation, strictly in accordance with the rules/notification on
circular and dispose of such representation, by passing a speaking
and reasoned order within six weeks thereafter. The final decision
so taken be communicated to the Petitioner within ten days
thereafter. It is further clarified that in the event, the Opposite
Party No.3 comes to a conclusion that the Petitioner is entitled to
some arrear salary as is due and admissible to her and there are no
other legal impediments, steps be taken for grant of such benefit to
the Petitioner within four weeks from the date of taking a decision
in the matter.
9. With the aforesaid observation and direction, the writ
application stands disposed of.
( A.K. Mohapatra )
Judge
Sisir
Designation: Personal Assistant
