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Orissa High Court
Dr. Nilamadhab Sahu vs State Of Odisha And Others ..... ... on 19 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3676 of 2026
Dr. Nilamadhab Sahu ..... Petitioner
Represented by Adv. -
Mr. Sangram Jena
-versus-
State of Odisha and others ..... Opposite Parties
Represented by Adv. -
Mr. Sarbeswar Behera, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
19.03.2026
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioner as well as the
learned counsel for the State-Opposite Parties. Perused the writ
petition as well as the documents annexed thereto.
3. By filing the present writ petition, the Petitioner has
sought for the following reliefs:-
"It is therefore, humbly prayed that this
Hon'ble Court be graciously pleased to:-
i) Admit the writ application.
ii) Call for the records.
iii) Issue a writ in the nature of Certiorari or any
other appropriate writ/writs by quashing the
impugned Govt. order No.2537/HE dated
16.01.2026 issued by the Opp. Party No.l under
Annexure-9 and to declare the same illegal,
arbitrary and contrary to the law governing the
field.
iv) Issue a writ in the nature of Mandamus or
any other writ/writs, by directing the State-
Opposite parties, to extend the benefit of
placement in the Lecturer (Group-A) Scale of pay
as well as Reader (State Scale) scale of pay in
favour of the petitioner w.e.f 16.09.2009 and
16.09.2019 respectively, in terms of the provision
provided under the Odisha Non-Government
Aided College Lecturer's Placement Rules, 2014
r/w the clarificatory Govt. letter dated 20.01.2016
issued under Annexure-5 and 6 respectively,
keeping in view the ratio decided by this Hon'ble
Court in the case of Lokanath Behera Vs. State of
Odisha and others (W.P.(C) No.2062 of 2024
disposed of on 13.08.2025), and further the
petitioner may be extended with all other
consequential service and financial benefits along
with differential arrears as due and admissible,
within a reasonable time to be stipulated by this
Hon'ble court.
v) And/or pass such other order/orders,
direction/directions as this Hon'ble Court may
deems fit and proper for the ends of justice."
4. Learned counsel for the Petitioner, at the outset, contended
that the Petitioner had earlier approached this Court by filing
W.P.(C) No.29638 of 2025, which was disposed of by a
coordinate Bench of this Court vide order dated 29.10.2025
thereby directing the Opposite Parties to consider the
representation of the Petitioner in the light of the law laid down
by this Court in W.P.(C) No.2062 of 2024 (Lokanath Behera v.
State of Odisha), which was disposed of vide order dated
13.08.2025. In the present writ petition, the Petitioner has
assailed the impugned order dated 16.01.2026 passed by the
Opposite Party No.1-Commissioner-cum-Secretary to
Government of Odisha, Higher Education Department, Loka
Seva Bhawan, Bhubaneswar at Annexure-9.
5. On perusal of the impugned order, it appears that the
representation of the Petitioner has been rejected on the ground
that the State-Opposite Parties have preferred a writ appeal
bearing W.A. No.1606 of 2025 before the Hon'ble Division
Bench of this Court. On a careful analysis of the impugned
order, it appears that the Opposite Party No.1 has not complied
with the order passed by this Court and the case of the Petitioner
has not been considered in the light of the law laid down by this
Court in Lokanath Behera's case (supra). The representation of
the Petitioner has been rejected solely on the ground that the
writ appeal is pending.
6. This Court is of the view that the conduct of the Opposite
Party No.1 is prima facie contemptuous. However, on the
request of the learned counsel for the State, this Court is
inclined to grant another opportunity to the Opposite Party No.1
to comply with the direction issued by a coordinate Bench of
this Court vide order dated 29.10.2025, in W.P.(C) No.29638 of
2025, at Annexure-8.
7. Accordingly, the writ petition is being disposed of by
setting aside the impugned rejection order dated 16.01.2026 at
Annexure-9 and further directed the Opposite Party No.1 to
consider the representation of the Petitioner in terms of order
dated 29.10.2025 passed a coordinate Bench of this Court in
W.P.(C) No.29638 of 2025 within a further period of eight
weeks from the date of production of a certified copy of this
order. The representation of the Petitioner shall be considered
and disposed of in the light of the judgment in Lokanath
Behera's case (supra) by passing a speaking and reasoned order.
However, it is further made clear that any decision that is likely
to be taken by the Opposite Party No.1 on the representation of
the Petitioner, shall be subject to the outcome of the pending
writ appeal.
8. With the aforesaid observation and direction, the writ
petition stands disposed of.
( A.K. Mohapatra)
Judge
Debasis
