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Orissa High Court
Brajendra Kumar Panda vs State Of Odisha & Ors. ..... Opposite ... on 29 January, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.2430 of 2026
Brajendra Kumar Panda ..... Petitioner
Represented by Adv. -
Sandhyarani Pani
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
Mr. C.M.Singh, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
29.01.2026
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
graciously be pleased to allow Writ Petition and
direction may be issued to the Opposite Parties
and more particularly to issue Writ of Mandamus:
1. Call for the records/calculation sheets of 19
Demonstrators /petitioners of Utkal University
under Annexure- 8 series and records /
calculation sheets of 11 Demonstrators/
petitioners of Non-Govt. Aided Colleges under
Annexure- 12 series and records/calculation
sheets of Demonstrators / petitioners of Govt.
Colleges under Annexure- 13 & 13 series and
Annexure- 14 & 14 series.
2. Direction directing the opposite parties to
adopt same procedure allowed to the
Demonstrator/petitioners of Utkal University as
allowed normal increment in initial stage with
date of annual increments fall in the respective
month along with UGC Scales of Pay Rs. 8000/-
275-13500/- as allowed them under annexure- 8
series from the date of entitlement of UGC Scales
of 'Pay and extend the same to the present
petitioner and pay the arrear amount within the
stipulated period, without any discrimination.
3. Direction directing the Opposite Parties to
extend similar financial benefits of UGC Scales of
Pay with arrears 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-12 series, 13
and 14 & 14 series and pay the differential arrear
amount to the petitioner within the stipulated time
without any discrimination.
4. Direction directing the Opposite Parties to
calculate the correct arrear dues and pay the
same to the petitioner forthwith without any
discrimination by rectifying Office Order No.
25042/HE dated 01.07.2024 and letter no. letter
no. 35785/HE dated 11.09.2024 under annexure-
6 & 6 series and rectifying the office orders
basing on the facts and grounds reflected in
representations under annexure- 7 and 7 series
and accordingly re-fix the pension of petitioner
and pay the arrears of pension 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
17.11.2022 passed in W.P.(C) No.30005 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 17.11.2022,
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 17.11.2022, the Opposite Parties have considered and rejected
the grievance of the Petitioner vide order dated 01.07.2024 at
Annexure-6. Learned counsel for the Petitioner assailed the order at
Annexure-6 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
14.10.2024 at Annexure-7 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 14.10.2024, 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 14.10.2024 at Annexure-7 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 01.07.2024, 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, 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
Rubi
