[Cites 1, Cited by 0]
Orissa High Court
Umakanta Biswal vs ) State Of Odisha ..... Opposite Parties on 2 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3032 of 2026
Umakanta Biswal ..... Petitioner
Represented by Adv. -
Sushanta Kumar Mishra
-versus-
1) State Of Odisha ..... Opposite Parties
2) Director Of Secondary Represented by Adv. -
Education,bhubaneswar Mr. C.M. Singh, ASC
3) District Education Officer,balasore
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
02.02.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Petitioner has scripted his prayer as under:-
"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) Issue a Writ in the nature of Mandamus for any
other writ/writs, order/orders, direction/directions
by directing the 0pp. Parties to sanction one
notional increment in favour of the petitioner for the
period from 31.12.2024 to 30.01.2025 for the
purpose of pensionary benefits & further the pension
of the petitioner may be revised accordingly,
keeping in view the law decided by the Hon'ble Apex
Court in the case of The Director (Admn. And HR)
KPETCL & Others Vs. C.P. Mundinamani &
Others, 2023 Live Law (SC) 296, & also similar
Judgments passed by this Hon ble Court in the case
of Arun Kumar Biswal Vrs State of Odisha &
Others, reported in 2021(11) OLR-519 which has
been further confirmed in W.A.No.l 17 of 2022
disposed of on 26.02.2024 & in the case of Pradipta
Kumar Satpathy Vrs. State of Odisha & Others,
W.P.(C)No.35105 of 2021 disposed of. on
09.07.2024 & in the case of Rabindranath Malla
Vrs. State of Odisha & Others, WPC (OAC)No.3113
of 2018 disposed of on 04.12.2024) under Annexure-
3 Series & 4
respectively, by taking into Consideration of the
office memorandum issued by the finance
Department dtd.22.01.2025 Annexure-4 & to extend
all other consequential benefits in terms of Rule-9
(1) of the Orissa Education (Recruitment and
Conditions of Service of Teachers & Members of the
Staff of Aided Educational Institution) Rules, 1974
within a stipulated period.
And further be pleased to pass any other order(s)
/direction(s) as would be deemed just and proper in
the interest of justice.
And for this act of kindness, the petitioner shall as in
duty bound, ever pray."
3. The short grievance of the petitioner is as to nongranting of
a particular increment presumably because he retired soon
thereafter. Learned counsel for the petitioner submits that seeking
grant of increment, his client has already made a representation
dated 07.04.2025, a copy whereof avails at Annexure-5 and the
authorities are bound to consider the same.
He also draws attention of the Court to a Coordinate Bench
decision of this Court reported in 2021 (II) OLR 529, which is
said to be affirmed by the Division Bench in W.A. No.117 of
2022. He also has mentioned Apex Court Decision in the Director
(Admn. And HR) KPTCL v. C.P. Mundinamani, 2023 LiveLaw
(SC) 296. Learned counsel argues that despite entire material
being available, no decision is taken on the subject representation
and therefore the authority should be mandamused to take one.
4. Learned ASC-Mr. Singh appearing for the opposite parties
opposed the petition contending that grant of increments of the
kind is not automatic; several conditions to obtain normatively.
Unless those conditions are complied with, no relief can be
granted to the employee of the kind. Having so argued, he agrees
to instruct his clients to look into the grievance of the petitioner as
has been aired in the subject representation in a time bound way if
all contentions are kept open. This is a happy thing to happen in
adjudicatory process. In the above circumstances, writ petition is
disposed of prescribing a period of eight (8) weeks for taking a
decision on the subject representation and also to inform result of
such consideration to the petitioner herein. It is open to the
answering opposite parties to solicit any information or
documents from the side of the petitioner, as required for taking a
decision on the subject representation. However, in that guise
delay shall not be brooked. Now, no costs Web copy of the order
to be acted upon by all concerned.
( A.K. Mohapatra)
Judge
Sisir
Designation: Personal Assistant
