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Orissa High Court
Tarini Bahidar vs State Of Odisha And Others ..... ... on 2 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2135 of 2026
Tarini Bahidar ..... Petitioner
Represented by Adv. -
Smt. Sandhyarani Pani
-versus-
State of Odisha and others ..... Opposite Parties
Represented by Adv. -
Mr. U.C. Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
02.02.2026
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ application
as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is therefore, prayed that this Hon'ble
Court may be graciously be pleased to issue
writ/writs, order/orders and direction/
directions under Article-226 of the Constitution
of India and more particularly to issue:
1. Call for the records/calculation sheets of 19
Demonstrators /petitioners of Utkal
University relating to the case OJC No. 1088
of 2000 and No. 13156 of 1998 and records /
calculation sheets of 11 Demonstrators /
petitioners of Non-Govt. Aided Colleges
relating to the W.P (C) No. 26692 of 2011.
2. Direction directing the opposite parties to
adopt same procedure by sanctioning
Rs.8000/-275-13500/- allowed to the
Demonstrators/petitioners of Utkal
University with normal increment in initial
stage under Annexure-5 & 5 series and pay
the arrear amount within the stipulated time
without any discrimination.
3. Direction directing the Opposite Parties to
adopt same procedure by sanctioning arrear
amounts from 01.01.1986 to 31.12.1995 as
per Annexure-9 series, Annexure- 10 & 10
series and Annexure-11 & 11 series and pay
the arrear amount within the stipulated date
without any discrimination.
And pass such other order /orders as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of case and in the
interest of justice."
4. The sole grievance of the Petitioner in the present writ petition
is that her case has not been considered in terms of the order dated
22.11.2022 passed in W.P.(C) No.31070 of 2022. Learned counsel
for the Petitioner, at the outset, contended that earlier the Petitioner
had approached this Court by filing the above noted writ petition. A
Coordinate Bench of this Court, vide order dated 22.11.2022,
disposed of such writ petition directing the Opposite Parties to
extend the benefits to the Petitioner in terms of the judgments passed
by the Hon'ble Division Bench of this Court in General Secretary,
Utkal University Demonstrators' Association decided in O.J.C.
Nos.1088 of 2000 and 13156 of 1998. Further, referring to the order
passed earlier by the learned Coordinate Bench at Annexure-1,
learned counsel for the Petitioner contended that the Opposite
Parties were directed to extend the benefits in favour of the
Petitioner in terms of the above noted judgment without
discriminating against the Petitioner and treating the Petitioner to be
at par with the Demonstrators of Utkal University, who had earlier
approached this Court. She further contended that despite such order
dated 22.11.2022, the Opposite Parties have considered and rejected
the grievance of the Petitioner vide order dated 22.10.2024 at
Annexure-3. Learned counsel for the Petitioner assailed the order at
Annexure-3 on the ground that the calculations done therein are
erroneous and not in terms of the order passed by this Court. In the
aforesaid factual backdrop, the Petitioner again approached the
Opposite Parties by filing a representation to reconsider her case on
14.06.2025 at Annexure-12 to the writ application. She further
submitted that after filing of such representation and taking therein
specific grounds, the Opposite Party No.1 has not yet taken any final
decision on it. Being aggrieved by such inaction of the Opposite
Party No.1, the Petitioner has once again approached this Court by
filing the present writ application.
5. 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 approaches the Opposite Party No.1 by
filing any such representation dated 14.06.2025, and such
representation is still pending for final consideration, he will have no
objection in the event this Court directs the Opposite Party No.1 to
dispose of the representation of the Petitioner dated 14.06.2025 at
Annexure-12 by passing a speaking and reasoned order within a
stipulated period of time and strictly in accordance with law.
6. Considering the submissions made by the learned counsels
appearing for the parties, on a careful examination of the
background facts, further keeping in view the principle laid down by
this Court in the judgment referred to hereinabove in case of
Demonstrators of Utkal University, this Court deems it proper to
dispose of the writ petition at this stage of admission by directing the
Opposite Party No.1 to reconsider the case of the Petitioner strictly
in terms of the ratio laid down by the Hon'ble Division Bench in the
above noted case within a period of eight weeks. It is further
directed that if required, it is open to the Opposite Party No.1 to
review its order dated 22.10.2024, if the necessity so arises, within
the aforesaid stipulated period of time. Any order passed by the
Opposite Party No.1 be communicated to the Petitioner from time to
time. It is further made clear that if the Petitioner has not been
extended with the benefit as per the order passed by the Hon'ble
Division Bench of this Court in the case of Utkal University
Demonstrators' Association (supra), then necessary steps be taken
for calculation and disbursal of the benefits as expeditiously as
possible preferably with four weeks from the date of taking such a
decision if there are no other legal impediments.
7. With the aforesaid observations/directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Debasis
