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Orissa High Court
Mahalakshmi Patro vs The Commissioner-Cum- ..... Opposite ... on 4 February, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3336 of 2026
Mahalakshmi Patro ..... Petitioner
Represented by Adv. -
Sandhyarani Pani
-versus-
The Commissioner-cum- ..... Opposite Parties
Secretary, Department of Higher
Education, Bhubaneswar & Ors.
Represented by Adv. -
A. Mohanty, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
04.02.2026
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 and records/calculation sheets of
11 Demonstrators /petitioners of Non-Govt.
Aided Colleges.
2. Direction directing the Opposite Parties to
set aside the office letter No.186/ SKCG/
2025 dated 28.01.2025 under annexure-3 in
view of the interim order dated 18.06.2025
passed I.A 9672 of 2025 arising out of
W.P(C) No.16155 of 2025 under Annexure-
5 in similar case.
3. Direction directing the opposite parties to
adopt same procedure allowed to the
Demonstrators/ petitioners of Utkal
University as allowed the UGC Scales of
Pay Rs. 8000/-275-13500/- from the date of
entitlement of UGC Scales of Pay under
Annexure-7 & 7 series to the petitioner and
pay the arrear amount within the stipulated
time.
4. Direction directing the Opposite Parties to
extend similar financial benefits of UGC
Scales of Pay to petitioner as extended full
arrear amounts from 01.01.1986 to
31.12.1995 (without notionally) to similarly
placed petitioners-Demonstrators of Non-
Govt. Colleges and Govt. Colleges under
Annexure-11, 11 series 12 & 12 series, and
13 & 13 series and pay the arrear amount
within the stipulated date.
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 his case has not been considered in terms of the
order dated 20.03.2024 passed in W.P.(C) No.6615 of 2024.
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 20.03.2024, 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 20.03.2024, the Opposite
Parties have considered and rejected the grievance of the Petitioner
vide order dated 28.01.2025 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 02.02.2025 at Annexure-4
to the writ application. She further submitted that after filing of
such representation and taking therein specific grounds, the
Opposite Party No.3 has not yet taken any final decision on it.
Being aggrieved by such inaction of the Opposite Party No.3, 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.3 by
filing any such representation dated 02.02.2025, and such
representation is still pending for final consideration, he will have
no objection in the event this Court directs the Opposite Party No.3
to dispose of the representation of the Petitioner dated 02.02.2025
at Annexure-4 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.3 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.3 to review its order dated 28.01.2025, if the necessity so arises,
within the aforesaid stipulated period of time. Any order passed by
the Opposite Party No.3 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, 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 )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 09-Feb-2026 13:12:37
