Disposed¶18

Akshaya Kumar Biswal v. State of Odisha

Orissa HC17 Nov 2025WP(C)/31253/2025

Case brief

AI extract

What is this about?

Keywords: RACP; MACP; MACPS; financial upgradation; non-grant of benefit; extant policy; years of service; writ of mandamus; demand and rejection; liberty to make representation; two weeks; six weeks; contentions kept open; Ashok Kumar Mohapatra; coordinate Bench; Orissa High Court; Cuttack; W.P.(C) No.31253 of 2025; Dixit Krishna Shripad; disposed of; no costs; web copy to be acted upon.

What did the court decide?

Liberty to the petitioner to make an appropriate application to the concerned authorities with necessary documents within two weeks; Jurisdictional Authorities to take a decision and communicate the result within six weeks, considering the matter in the light of Ashok Kumar Mohapatra -vrs. State of Orissa; all contentions kept open; no costs; web copy of the order to be acted upon. ¶18

Akshaya Kumar Biswal Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, having put in a particular number of years of service under the extant policy, was unjustifiably denied RACP/MACP benefit.

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Court's answer

The writ petition is disposed of with liberty to the petitioner to make an appropriate application to the concerned authorities, supported by necessary documents, within two weeks.

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Ratio / Principle

If such a representation is made, the Jurisdictional Authorities shall take a decision and inform the petitioner of the result within an outer limit of six weeks.

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Key takeaways

The consideration of the representation shall be in the light of the coordinate Bench decision in Ashok Kumar Mohapatra -vrs. State of Orissa (O.A.No.1668 of 2017).ratio¶20
All contentions of the parties are kept open.ratio¶20
Opposite Party No.2 may solicit from the petitioner any information or document required for due consideration of the subject representation, but delay shall not be brooked.ratio

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.31253 of 2025, High Court of Orissa at Cuttack, Dixit Krishna Shripad J., order dated 17.11.2025) — Petitioner alleged non-grant of RACP/MACP benefit despite putting in a particular number of years of service under the extant policy; learned ASC contended that no mandamus lies absent demand and rejection; the Court, without deciding the merits, disposed of the writ petition reserving liberty to the petitioner to make an appropriate application to the concerned authorities with supporting documents within two weeks; the Jurisdictional Authorities were directed to take a decision and inform the petitioner of the result within an outer limit of six weeks, the consideration being 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 further confirmed by the apex Court in SLP(C) No.15573 of 2020); all contentions of the parties kept open; Opposite Party No.2 at liberty to solicit information or documents from the petitioner but delay not to be brooked; no costs; web copy of the order to be acted upon by all concerned.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.31253 of 2025

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Akshaya Kumar Biswal …. Petitioner

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Mr. R. Samal, Advocate

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-Versus-

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State of Odisha & others

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…. Opposite Parties

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Mr. J.K. Khandayatray, ASC

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CORAM:

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JUSTICE DIXIT KRISHNA SHRIPAD

ORDER

Order No.

17.11.2025

01.

Heard learned counsel appearing for the parties.

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The short grievance of the petitioner is as to non-granting 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.

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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.

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In the above circumstances, the writ petition is disposed off 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 informed to the petitioner within an outer limit of six

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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.

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It is open to Opp. Party No.2 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.

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Now, no costs.

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

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( Dixit Krishna Shripad ) Judge

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Prasant

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Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 18-Nov-2025 13:56:23

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Akshaya Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Akshaya Kumar Biswal v. State of Odisha

Case brief

What is this about?

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What the court decided

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