[Cites 3, Cited by 0]
Orissa High Court
State Of Odisha vs Pradipta Kumar Pati on 11 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No. 583 of 2020
State of Odisha .... Appellant
Represented by Adv.-
Mr. Debaraj Mohanty, AGA
-Versus-
Pradipta Kumar Pati .... Respondent
Represented by Adv.-
Mr. Sidheswar Mallik, Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
11.03.2026
(Hybrid Mode)
Order No.
05. 1. Heard Mr. Debaraj Mohanty, learned Additional Government
Advocate appearing for the Appellant-State and Mr. Sidheswar Mallik,
learned counsel appearing for the Respondent.
2. On 16.08.2004 Respondent No.1 joined as a Lecturer of Zoology
in Christ College, Cuttack following due selection procedure. Since he
joined against the post in the said college, that was under Direct
Payment Pay Fold prior to 01.04.1989 and he fulfilled all the eligibility
criteria having all the required qualifications prescribed under the
Government Resolution dated 06.10.1989 and 06.11.1990, he filed
W.P.(C) No. 8201/2020 claiming, amongst others, the UGC scale of
pay w.e.f. 16.08.2004, i.e., the date of joining his service in the said
college, wherein he was paid the Scale of Junior Lecturer in the Pay
of Rs.6,5 - Rs.10,500/- per month. In the said writ petition the
Respondent No.1 as petitioner also contended that his predecessor in
the same post was receiving UGC scale of pay and also submitted
that similar cases have already been settled by the High Court of
Orissa as well as the Hon'ble Supreme Court.
3. Considering that the issue involve in the said writ petition of
Respondent No.1 was already decided in the case of Alok Mishra &
another Vs. State of Orissa & others, in W.P.(C) No.16917/2017
disposed of on 28.08.2019, learned Single Judge by order dated
10.06.2020 disposed of said W.P.(C) No.8201/2020 of Respondent
No.1 directing the opposite parties therein (the State-Respondents) to
give the benefit of revised scale of pay to the petitioner, Respondent
No.1 herein, w.e.f. the date of approval of his service granting him
arrear salary with 7% interest per annum within a period of four
months from the date of production/communication of authenticated/
certified copy of the said order.
4. Aggrieved by the said order dated 10.06.2020 passed by the
learned Single Judge in W.P.(C) No.8201/2020, the State preferred
this appeal.
5. The State in the meanwhile preferred Civil Appeal before the
Hon'ble Supreme Court against the order dated 28. 8.2 19 passed in
W.P.(C) No. 16917/2017, on the basis of which the learned Single
Judge passed the impugned order dated 10.06.2020 in W.P.(C)
No.8201/2020.
6. Mr. Mohanty, learned AGA by submitted that the Hon'ble
Supreme Court by a common order dated 29.01.2026 disposed of
said Civil Appeal filed by the State that was preferred against the
order dated 28.08.2019 passed in W.P.(C) No. 16917/2017 in the
case of State of Orissa & others Vs. Alok Mishra & another and other
connected appeals, which has also been agreed by Mr. Sidheswar
Mallik, learned counsel for the Respondent No.1 / writ petitioner.
7. Mr. Mohanty, learned AGA has also placed a copy of said
common order dated 29. 1.2 26 of the Hon'ble Supreme Court.
8. The Hon'ble Supreme Court, vide order dated 29. 1.2 26 passed
in Civil Appeal No.9828 of 2024 (State of Odisha & Others v. Sri
Swadesh Kumar Das & Others) along with connected Civil Appeals
including State of Orissa & others Vs. Alok Mishra & another (supra)
observed and directed as follows -
"2. Arising out of the judgment dated 11.12.2 17 passed by the
learned Single Judge of the High Court directing the Director of
Education to decide the representation in terms of the
observations made in the order, the present appeals have been
filed.
3. Having considered the submissions of the parties and
taking note of the fact that the issue of payment of the UGC
scale is to be decided by the Director of Education in terms of
the order. The said order is merely in the nature of remand;
however, we are not inclined to entertain the present appeals.
4. In this view, let the decision be taken by the Director of
Education in accordance with law within a period of three
months. On taking such decision, parties are at liberty to take
recourse as permissible. All the contentions are left open for
them to be raised at appropriate stage. The directions as issued
in this case shall apply mutatis mutandis to intervenors also.
5. Accordingly, the appeals stand disposed of. Pending
applications, if any, shall also stand disposed of."
9. In view of the aforementioned direction and as submitted by the
learned counsel for the State that the Director of Education, Odisha is
to consider the case of the Respondent in terms of the Judgment of
the Hon'ble Supreme Court dated 29.01.2026, noted above, we set
aside the impugned order dated 10.06.2020 passed in W.P.(C)
No.8201 of 2020.
10. It is observed that the Respondent No.1 / writ petitioner shall
approach the Director of Education, Odisha to agitate his grievance in
terms of the order dated 29. 1.2 26 passed by the Hon'ble Supreme
Court in Civil Appeal No.9828 of 2024 and other connected appeals.
11. With the above observation and direction, this Writ Appeal stands
disposed of.
(Manash Ranjan Pathak)
Judge
(Sibo Sankar Mishra)
Judge
S.K. Parida
Designation: ADR-cum-Addl. Principal Secretary
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 13-Mar-2026 14:14:53
