Basanta Kumar Panda Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Basanta Kumar Panda Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to make an appropriate application/representation to the concerned authorities with supporting documents within two weeks; the Jurisdictional Authorities to take a decision in the light of Ashok Kumar Mohapatra and inform the petitioner within an outer limit of six weeks; all contentions kept open; no costs.

Issue for consideration

Whether the petitioner is entitled to grant of RACP-MACP benefit after putting in a particular number of years of service under the extant policy, its non-grant being alleged unjustified. +1 more

Court's answer

The writ petition is disposed of reserving liberty to the petitioner to make an appropriate application to the concerned authorities, supported by necessary documents, within two weeks; upon such representation, the Jurisdictional Authorities shall take a decision and inform the petitioner within an outer limit of six weeks; all contentions of the parties kept open.

Ratio / Principle

The consideration of the petitioner's representation shall be in the light of the decision of a coordinate Bench of this Court in Ashok Kumar Mohapatra vrs. State of Orissa (O.A.No.1668 of 2017, disposed of on 09.10.2018 and subsequently confirmed).

Key takeaways

Opposite Party Nos. 2 & 3 may solicit any information or document from the petitioner required for due consideration of the subject representation, but delay shall not be brooked; no costs awarded.ratio¶19

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.21809 of 2025, High Court of Orissa, Dixit Krishna Shripad, J., order dated 14.10.2025) raising grievance of non-grant of RACP-MACP benefit despite completion of the requisite years of service under the extant policy. The Court, noting the submission that Mandamus requires a prior demand and rejection, disposed of the petition with liberty to the petitioner to move the concerned authorities with a duly supported representation within two weeks; the Jurisdictional Authorities were directed to consider it in the light of the coordinate Bench decision in Ashok Kumar Mohapatra vrs. State of Orissa (O.A.No.1668 of 2017, judgment dated 09.10.2018, confirmed in W.P.(C) No.6698 of 2010 and by the Supreme Court in SLP(C) No.15573 of 2020) and to communicate the result within six weeks. All contentions kept open; Opposite Party Nos. 2 & 3 free to call for information/documents but without delay; no costs.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21809 of 2025

Basanta Kumar Panda

…. Petitioner

Mr.A.P. Mohanty, Advocate

-versus-

State of Odisha & Others …. Opp. Parties

Mr.J.K. Ray, ASC

CORAM: JUSTICE DIXIT KRISHNA SHRIPAD

ORDER

14.10.2025

Order No.

02

The short grievance of the petitioner is as to nongranting of RACP-MACP benefit after he has put in a particular number of years of service under the extant policy. Learned counsel for the petitioner submits that, that benefit ought to have been granted to his client and not giving him is unjustified.

2. Learned ASC appearing for the O.Ps. submits that there cannot be a Mandamus, unless there is demand and rejection. The standard books of law, like the one by Justice B.L.Hansaria’s “Writ Jurisdiction” echo this.

3. In the above circumstances, the writ petition is disposed of reserving liberty to the petitioner to make appropriate application to the concerned authorities, supported by necessary documents within two weeks and if such a representation is made, decision shall be taken by the Jurisdictional Authorities and result thereof shall be

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informed to the petitioner within an outer limit of six weeks. In that connection, all contentions of the parties are kept open. The consideration shall be in the light of the decision of a coordinate Bench of this Court in Ashok Kumar Mohapatra -vrs.- State of Orissa (O.A.No.1668 of 2017 disposed of vide judgment dated 09.10.2018 and confirmed by this Court in W.P.(C) No.6698 of 2010 and further confirmed by the apex Court in SLP(C) No.15573 of 2020.

It is open to Opp. Party Nos.2 & 3 to solicit any information or document from the side of the petitioner, as are required for due consideration of the subject representation; however in that guise, delay shall not be brooked.

Now, no costs.

Web copy of the order to be acted upon by all concerned.

( Dixit Krishna Shripad) Judge

Basu

Signature Not Verified

Digitally Signed Signed by: BASUDEV NAYAK Designation: ASST. REGISTRAR-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 15-Oct-2025 18:27:08

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