[Cites 1, Cited by 0]
Orissa High Court
Bhawani Shankar Joshi vs State Of Odisha And Others ..... ... on 10 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4437 of 2026
Bhawani Shankar Joshi ..... Petitioner
Represented by Adv. -
Satyajit Behera
-versus-
State Of Odisha and others ..... Opposite Parties
Represented by Adv. -
Mr. S. S. Routray, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
10.02.2026
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
prayed for the following relief;
"Under the circumstances, it is humbly
therefore prayed that this Hon'ble Court may
graciously be pleased to issue a writ in the nature of
mandamus or any other appropriate writ/writs by
quashing the order dated 08.05.2024 issued by
opposite party No.2 under annexure-17
And further be pleased to direct the opposite
party No.1 to release the arrear salary of the
petitioner for the period w.e.f. 01.04.2001 till
31.07.2003 keeping in view the submission of actual
financial benefits statement made by the opp. party
No. 4 under Annexure-11 and 19 and extend the
benefit of arrear salary as has been given to Kuber
Chandra Gopal as per letter dated 29.12.2025 and
08.01.2026 issued by opp. party no.2 under
annexure-21 series.
And further be pleased to direct the opp. party No.l
to consider the representation of the petitioner dated
18.01.2025 under annexure-21. Keeping in view the
order of Hon'ble Court dated 05.01.2023 passed in
W.P.C (OAC) No. 2855/2018 under Annexure -18;
Or pass any other order/orders as this Hon'ble
Court may think deem fit and proper; And allow this
writ application."
4. Learned counsel for the Petitioner at the outset contended
that the Petitioner, who stands in a similar footing with the person
who has been extended with the benefit under Annexure-21 series,
has approached this Court with a prayer for a direction to the
Opposite Parties to extend similar benefit in favour of the
Petitioner. Learned counsel for the Petitioner had earlier
approached this Court by filing W.P.(C) No.10805 of 2023 for a
direction to the Opposite Party No.2 for release of his earlier
salary for a period from 01.04.2001 to 31.07.2003 as per the
report submitted by the DEO, Nuapada, keeping in view, similar
benefits extended in favour of a similar situated employee namely,
Kamal Lochan Dora as per the letter of the Director dated
01.02.2022. The coordinate Bench of this Court vide order dated
18.04.2023 disposed of the writ application by directing the
Opposite Party No.2 to take a decision in the matter in accordance
with law within a period of three months.
5. After disposal of the earlier writ application the Petitioner
approached the Opposite Party No.2 for redressal of his grievance.
However, the Opposite Party No.2 rejected the prayer of the
Petitioner. Being aggrieved by such rejection order, the Petitioner
has already approached the Opposite Party No.1 i.e. Principal
Secretary, School and Mass Education Department, Government
of Odisha by filing an appeal on 18.01.2025 at Annexure-22 of the
writ application. He further contended that although the appeal has
been filed hereinabove. However, no final decision has been taken
on such appeal. It was further contended that in the meantime,
similarly situated persons have been extended with similar benefit
pursuant to the order passed by this Court in the case of Kuber
Chandra Gopal vs. State of Odisha in W.P.(C) (OAC) No.2855
of 2018 vide order dated 05.01.2023. Learned counsel for the
Petitioner also referred to the order under Annexure-21 series and
the similar benefits have been extended in support of the similarly
situated employee.
6. Learned counsel for the State on the other hand contended
that he has no specific instruction in the matter, however on a
careful examination of the writ application as well as the
submission made by the learned counsel for the Petitioner. It
appears that the appeal preferred by the Petitioner is pending
before the Opposite Party No.1. He further submitted that in the
event such appeal is still pending and a final decision has not been
taken therein, he will have no objection if this Court directs the
Opposite Party No.1 to consider and dispose of the appeal
preferred by the Petitioner under Annexure-20 strictly in
accordance with law and within stipulated period of time.
7. Considering the submissions made by the learned counsels
appearing for both sides, on a careful examination of the
background facts as well as documents annexed to the present writ
application, further keeping in view the order under Annexure-18
and 21, this Court deems it proper to dispose of the present writ
application at the stage of admission by directing the Opposite
Party No.1 to consider and dispose of the appeal preferred by the
Petitioner dated 18.01.2025 at Annexure-20 within a period of
eight weeks by following the applicable rules and notifications. It
is further directed that while considering the appeal, the Opposite
Party No.1 shall take into consideration the order under Annexure-
18 and 21 to the present application. The appeal of the Petitioner
shall be disposed of by passing a speaking and reasoned order
within the aforesaid time and such final order shall be
communicated to the Petitioner within ten days thereafter.
8. With the aforesaid observation and direction, the writ
petition stands disposed of.
( A.K. Mohapatra )
Judge
Sisir
Designation: Personal Assistant
