[Cites 0, Cited by 0]
Orissa High Court
Jyotish Chandra Behera vs State Of Odisha & Others ..... Opposite ... on 20 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.5531 of 2026
Jyotish Chandra Behera ..... Petitioner
Represented by Adv. -
Sushanta Kumar Mishra
-versus-
State Of Odisha & Others ..... Opposite Parties
Represented by Adv. -
Mr. D.K. Sahoo, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.02.2026
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Government Advocate appearing for the State-Opposite
Parties. Perused the writ petition as well as the documents annexed
thereto.
3. The present writ petition has been filed by the Petitioner with
the following prayers:-
"It is therefore, most humbly prayed that this
Hon'ble Court may be graciously pleased to;
i) Admit the writ Application.
ii) Call for the records.
iii) direct to the Opp. Parties to grant Trained
Scale of Pay in favour of the petitioner and
release the arrear salary from 01.01.2001 as
per Rule-30 of the (Odisha Subordinate
Education (Method of Recruitment and
Condition of Service) Rule, 1993), as well as in
the case of State of Odisha & Others -Vrs-
Duryodhana Jena (W.P.(C) No.2156 of 2014
decided on 17.03.2022) within a stipulated time.
iv) Direct to the Opp. Parties to grant ACP &
RACP modifying the pay fixation made by the
Opp. Party No.4 by treating the fixation of
grade pay of Rs.4200/- accordingly to fix up the
pay with increments taking in to account the
revised scale of pay, as applicable to the
petitioner from time to time.
And further be pleased to pass any other
order(s)/direction(s) as this Hon'ble court
deems just and proper in the facts and
circumstances of the case."
4. It is stated by the learned counsel for the Petitioner that
earlier the Petitioner approached the Director of Elementary
Education, Odisha-Opposite Party No.1 by filing a representation
referring to letter No.12240 dated 04.07.2025 at Annexure-5.
Learned counsel for the Petitioner further contended that the
representation of the Petitioner was duly forwarded to the Block
Education Officer, Saintala-Opposite Party No.4. However, no final
decision has been taken on his representation. On perusal of record,
it appears that the copy of the representation has not been filed along
with the writ application. Therefore, the contents of such
representation is not known to this Court.
5. In course of his argument, learned counsel for the Petitioner
referred to the judgment of this Court by a Division Bench the State
of Odisha & Ors. Vrs. Duryodhan Jena in W.P.(C) No.2156 of 2014
on 17.03.2022. By virtue of Judgment dated 17.03.2022, a Division
Bench of this Court has affirmed the order dated 31.10.2011 passed
by the learned Orissa Administrative Tribunal, Cuttack Bench,
Cuttack in O.A. No.851 of 2009 and O.A. No.3932 (C) of 2010,
whereby a direction was given to the State to extend the trained scale
of pay in favour of the applicants before the Tribunal. He further
submitted that the Petitioner stands in a similar footing with the
applicants before the Orissa Administrative Tribunal, Cuttack, as
such, learned counsel for the Petitioner contended that the Petitioner
is squarely covered by the principle laid down in the above noted
case.
6. Learned counsel for the State on the other hand contended that
although he has no specific instruction in the matter, however, in the
event, the petitioner has directed that to approach the Opposite Party
No.4 for redressal of his grievance, by filing a detailed
representation, with a further direction to the Opposite Party No.4 to
consider the same strictly in accordance with the law and within a
stipulated period of time, he will have no objection to the same.
7. Having regard to the submission made by learned counsel for
the parties, on a careful examination of the documents annexed to
the writ application as well as the background facts on the present
case, further taking note of the judgment of the Division Bench the
State of Odisha & Ors. Vrs. Duryodhan Jena (Supra). This Court
deems it proper to dispose of the present writ application by granting
liberty to the Petitioner to approach the Opposite Party No.4 by
filing a fresh representation within two weeks' from today. Taking
therein all the grounds along with all the supporting documents. In
such eventuality, the Opposite Party No.4 shall consider the same
applicable as per Rule-30 of the (Odisha Subordinate Education
(Method of Recruitment and Condition of Service) Rule, 1993), as
well as in the case of State of Odisha & Ors. Vrs. Duryodhan Jena
(Supra) and dispose of the representation of the Petitioner by passing
a speaking and reasoned order within eight weeks from the date of
communication of a copy of today's order by the Petitioner. The
final order be passed be communicated to the Petitioner within ten
days thereafter.
8. With the aforesaid observation/direction, the writ application
stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
Suchitra
Signed by: SUCHITRA BEHERA Page 4 of 4.
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 24-Feb-2026 18:27:23
