Sujata Mahapatra Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sujata Mahapatra Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to Opposite Party No.1 to consider and decide the petitioner's representation dated 05.09.2025 within eight weeks (including communication of the decision to the petitioner), keeping in view the law declared in Lokanath Behera v. State of Odisha (W.P.(C) No.2062 of 2024); opposite parties may seek requisite information/documents from the petitioner without delay; all contentions kept open; no costs; order subject to the outcome of pending appeal no.1606 of 2025.

Issue for consideration

Whether the petitioner is entitled to placement in the Lecturer (Group-A) Scale of pay w.e.f. 02.09.2015 and Reader (State Scale) scale of pay w.e.f. 02.09.2025 under the Odisha Non-Government Aided College Lecturer's Placement Rules, 2014 read with the Government clarificatory letter dated 20.01.2016, with consequential service and financial benefits and differential arrears, in view of the law declared in Lokanath Behera v. State of Odisha.

Court's answer

The writ petition is disposed of with a direction that the petitioner's representation dated 05.09.2025 be considered by OP No.1 within eight weeks, which period includes communicating the decision taken on the representation to the petitioner.

Ratio / Principle

The consideration of the representation has to happen keeping in view the law declared by this Court in Lokanath Behera.

Key takeaways

All contentions of the parties are kept open.ratio¶26
This order is subject to the outcome of the pending appeal no.1606 of 2025.ratio¶28
It is open to the answering opposite parties to solicit any information or documents from the petitioner as required for taking a decision on the subject representation.ratio¶27

Detailed headnote1 paragraphs

Orissa High Court (Cuttack), W.P.(C) No.30524 of 2025 — Sujata Mahapatra v. State of Odisha & Ors. — Coram: Dixit Krishna Shripad, J. — Order dated 10.11.2025. The petitioner sought mandamus for placement in the Lecturer (Group-A) Scale of pay w.e.f. 02.09.2015 and Reader (State Scale) scale of pay w.e.f. 02.09.2025 under the Odisha Non-Government Aided College Lecturer's Placement Rules, 2014 (Annexure-5) read with the clarificatory letter dated 20.01.2016 of the Government of Odisha, Higher Education Department (Annexure-6), with consequential service and financial benefits and differential arrears, invoking Lokanath Behera v. State of Odisha (W.P.(C) No.2062 of 2024, disposed of on 13.08.2025). Counsel for the petitioner confined the request to time-bound consideration of the petitioner's representation dated 05.09.2025, and the learned AGA agreed that it should be considered by OP No.1. The writ petition was disposed of: OP No.1 to decide the representation within eight weeks (including communicating the decision), keeping in view the law declared in Lokanath Behera; the opposite parties may call for information/documents from the petitioner but delay shall not be brooked in that guise; all contentions kept open; no costs; the order is subject to the outcome of pending appeal no.1606 of 2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.30524 of 2025

SUJATA MAHAPATRA

Petitioner

Mr. S. Jena, Advocate

-Versus-

STATE OF ODISHA & ORS.

…. Opposite Parties

Mr. D. Lenka, AGA

CORAM:

JUSTICE DIXIT KRISHNA SHRIPAD

ORDER

Order No. 01.

10.11.2025

Petitioner has structured his prayer as under:

“It is therefore, most 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 Mandamus or any other writ/writs, order/Orders, direction/directions, 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 02.09.2015 and 02.09.2025 respectively, in terms of the provision provided under the Odisha Non-Government Aided. College Lecturer's Placement Rules, 2014 under Annexure-5 read with the clarificatory letter dated 20.01.2016 issued by the Government of Odisha in Higher Education Department, Bhubaneswar under Annexure-6, 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 ' of2024 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.

iv) And/or pass such other order/orders, direction/directions as this Hon'ble Court may deems fit and proper for the ends of justice.”

Learned counsel for the Petitioner, drawing attention of the

Court to his client’s representation dated 05.09.2025 submits that his client would be satisfied if a direction is given to consider the said

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representation in a time bound way keeping in view the law declared by this Court in W.P.(C) No.2062 of 2024 between Lokanath Behera v. State of Odisha disposed of on 13.08.2025.

Learned AGA very fairly agrees that the subject representation should meet its fate at the hands of OP No.1 and he would ensure that would happen. With this proposal, counsel for the Petitioner is agreeable.

In the above circumstances, writ petition is disposed off. Time for compliance is eight weeks which would include communicating the decision taken on the subject representation to the Petitioner. All contentions are kept open. It hardly needs to be stated that the consideration has to happen keeping in view the law declared by this Court in Lokanath Behera.

It is open to the answering opposite parties to solicit any information or documents from the side of the Petitioner, as required for taking a decision on the subject representation. However, in that guise delay shall not be brooked.

This order is subject to outcome of the pending appeal no.1606 of 2025.

Now, no costs.

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

Signature Not Verified

( Dixit Krishna Shripad ) Judge

Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 11-Nov-2025 18:41:15

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Prasant