Suresh Chandra Pattanayak vs ) State Of Odisha ..... Opposite Parties
2026 Latest Caselaw 253 Ori

Orissa High Court

Suresh Chandra Pattanayak vs ) State Of Odisha ..... Opposite Parties on 12 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) No.36714 of 2025
            Suresh Chandra Pattanayak       .....    Petitioner
                                                                  Represented by Adv. -
                                                                  Saroja Kanta Samal

                                               -versus-
            1) State Of Odisha                            .....       Opposite Parties
            2) Director Of Secondary Education,                   Represented by Adv. -
            Bhubaneswar                                           Mr. S.Behera, A.G.A.
            3) District Education Officer, Anugul
            4) Controller Of Accounts,
            Bhubaneswar

                                   CORAM:
                     THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                 MOHAPATRA

                                                    ORDER

Order No.                                           12.01.2026

    01.         1.     This matter is taken up through Hybrid Arrangement (Virtual
                /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ application as well as the prayer made therein.

3. The Petitioner has filed the present writ application with the following prayer:

"Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to admit the writ petition and after hearing from both the parties, Issue a writ m the nature of mandamus or any other appropriate writ, direction or order by directing the opposite parties to extend the Head Master Scale of Pay to the petitioner in view of the Judgment dtd. 17.08.2022 passed in W.P.(OAC) No.3264 of 2017 by this Hon'ble Court and further may be directed to the

Opp. Parties to revise the pension and pensionary benefits and release the said benefit to the petitioner accordingly.

And/ or pass such other order or direction as deems fit and proper in the interest of justice."

4. Learned counsel for the Petitioner at the outset contended that although the Petitioner is eligible to get the Headmaster's scale of pay as he has the requisite qualification, he has not been extended with such benefit. In the aforesaid context, learned counsel for the Petitioner also referred to the judgment of a coordinate bench of this Court in Rama Chandra Sahoo Vs. State of Odisha and others decided in WPC(OAC) No.3264 of 2017 vide judgment dated 17.08.2022. He further contended that the case of the Petitioner is squarely covered by the judgment dated 17.08.2022 of the learned Coordinate bench. As such, it was prayed that necessary direction be given to the Opposite Parties to extend similar benefits in favour of the Petitioner.

5. Learned counsel for the State on the other hand contended that the petitioner has not approached the Competent Authority before approaching this Court by filing the present writ application. He further submitted that in the event the Petitioner is covered by the ratio laid down by this Court in Rama Chandra Sahoo's case (supra), he will have no objection if the Petitioner approaches the Competent Authority and this Court directs the Competent Authority to consider the case of the Petitioner in accordance with law, within a stipulated period of time.

6. Having regard to the submissions made by the learned counsels appearing for both sides, on a careful examination of the background facts as well as the grievance of the Petitioner in the present writ

application, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite party No.1 by filing a fresh representation taking therein all the grounds along with a copy of the judgment in Rama Chandra Sahoo's case (supra) within three weeks from today. In such eventuality, the Opposite party No.1 shall do well to consider the case of the Petitioner in accordance with law and in terms that the ratio laid down by this Court in Rama Chandra Sahoo's case (supra) and dispose of such representation within eight weeks from the date of communication of a copy of today's order. The final decision so taken by the Opposite party No.1 be communicated to the Petitioner within ten days thereafter.

7. With the aforesaid observations and directions, the writ application stands disposed of.

( A.K. Mohapatra )

Judge

Rubi