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Orissa High Court
Gouranga Charan Rout vs State Of Orissa And Others ..... ... on 11 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3801 of 2026
Gouranga Charan Rout ..... Petitioner
Represented by Adv. -
Laxmikanta Mohanty
-versus-
State Of Orissa and others ..... Opposite Parties
Mr. C.M. Singh, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
11.03.2026
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel 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:
"It is, therefore, prayed that this Hon'ble Court
may graciously be pleased to issue notice to the opp.
Parties calling upon them to file show cause as to
why :-
i) A direction shall not be issued to quash/ set aside
the order dated 2.2.2023 issued by Opp. Party No. 3
under Annexure-6 and direct the opp. Parties to
release T.G. Scale in favour of the petitioner w.e.f.
16.11.2020 as per the earlier order passed by Opp.
Party No.3 dated 6.6.2022 under Annexure-5 taking
into consideration the resolution dated 16.11.2020
issued by Opp. Party No.1 under Annexure-4 as well
as the resolution dated 1.3.2025 under Annexure-7;
ii) And after hearing the parties be pleased to quash/
set aside the order dated 2.2.2023 issued by Opp.
Party No. 3 under Annexure-6 and direct the opp.
Parties to release T.G. Scale in favour of the
petitioner w.e.f. 16.11.2020 as per the earlier order
passed by Opp. Party No.3 dated 6.6.2022 under
Annexure-5 and release all arrears in favour of the
petitioner; within a date to be fixed by this Hon'ble
Court;
And pass any other order/orders,
direction/directions as deemed fit and proper;"
4. Learned counsel for the Petitioner at the outset contended that
the present Petitioner was initially appointed as a Hindi Teacher by
the Secretary of Managing Committee on 29.10.2010 prior to his
appointment the Petitioner passed M.A. in Hindi in the year 2020.
He further submitted that w.e.f. 01.10.2015, the service of the
Petitioner was approved.
5. While the matter stood thus, the State Govt. issued a
resolution dated 18.02.2008 for grant of T.G. Scale to the Hindi
Teacher. Subsequently, vide resolution dated 16.11.2020, a
clarification has been issued by the Opposite Party No.1 with regard
to grant of T.G. Scale to Hindi Teachers like the Petitioner. Finally,
vide order dated 17.03.2022, the Opposite Party No.3 granted a T.G.
Scale in favour of the Petitioner w.e.f. 16.11.2020. Such grant of
T.G. scale to the Petitioner was withdrawn thereafter vide order
dated 21.08.2023 by the Opposite Party No.3.
6. Learned counsel for the Petitioner at this stage alleged that
such withdrawal of the T.G. scale in favour of the Petitioner vide
order dated 21.08.2023 is without issuing any prior show cause
notice. In such view of the matter, learned counsel for the Petitioner
contended that the conduct of the Opposite party No.3 in
withdrawing the T.G. scale arbitrarily and without notice to the
Petitioner is unsustainable in law and accordingly the said decision
be quashed. He further submitted that similarly situated teachers
have been granted the T.G. scale by the Opposite Party No.2 vide
order dated 15.09.2022. Being aggrieved by the conduct of the
Opposite Party No.3 in withdrawing the T.G. scale of pay to the
Hindi Teachers, the Petitioner has approached this Court by filing
the present writ application.
7. Learned counsel for the State on the other hand contended that
although he has no specific instruction in the matter. However, the
pleadings in the present writ application do not disclose that the
Petitioner has approached the Opposite Parties for redressal of his
grievance. He further contended that the Petitioner should have
approached the Opposite Parties for redressal of his grievance
instead of approaching this Court directly. In such view of the
matter, learned counsel for the State further contended that in the
event this Court directs the Petitioner to approach the Opposite
Parties with a corresponding direction to the Opposite Party No.2 to
consider the grievance of the Petitioner in accordance with law and
the applicable resolution within a stipulated period of time and he
will have no objection to the same.
8. Considering the submission made by the learned counsel
appearing for both sides, on a careful examination of the background
facts and keeping in view the fact that similar scale of pay has
already been granted by the Opposite Party No.2 to similarly
situated persons as alleged by the Petitioner, this Court deems it
proper to dispose of the present writ application by granting liberty
to the Petitioner to approach the Opposite Party No.2 by filing a
detailed representation taking therein all the grounds along with
supporting documents within a period of three weeks from today. In
such eventuality, the Opposite party No.2 shall do well to consider
the representation of the Petitioner strictly in accordance with law
and in term of the resolution applicable to the Petitioner, further
keeping in view the fact that the similarly situated persons have been
extended with similar benefits and, dispose of the representation
within a period of eight weeks, of the Petitioner approaching the
Opposite party No.2. The representation of the Petitioner shall be
disposed of by passing a speaking and reasoned order. The final
decision so taken be communicated to the Petitioner within a week
thereafter. Further, it is clarified that in the event the Opposite Party
No.2 comes to a conclusion that the Petitioner is entitled to the T.G.
scale of pay as has been decided by the Opposite Party No.1-State,
then in the absence of any other legal impediment, necessary follow
up steps be taken to extend such benefits in favour of the Petitioner
and at par with other similarly situated employees, within a period of
four weeks from the date of taking such decision.
9. With the aforesaid observations and directions, the writ
application stands disposed of.
10. Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack Page 4 of 4.
