State of Odisha Vs Gyaneswar Rath

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.

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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

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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.

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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.

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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.

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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.

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6. Mr. Mohanty, learned AGA by submitted that the Hon’ble Supreme Court by a common order dated 29.01.2026 disposed of

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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.

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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.

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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 -

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“2. Arising out of the judgment dated 11.12.2 17 passed by the

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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.

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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.

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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.

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Accordingly, the appeals stand disposed of. Pending applications, if any, shall also stand disposed of.”

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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.

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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.

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11. With the above observation and direction, this Writ Appeal stands disposed of.

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(Manash Ranjan Pathak)

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Judge

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(Sibo Sankar Mishra) Judge

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S.K. Parida

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Signature Not Verified

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Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentic Copy Location: HIGH COURT OF ORISSA, C UTT ACK Date: 13-Mar-2026 14:14:53

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State of Odisha v. Gyaneswar Rath

Case brief

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State of Odisha v. Gyaneswar Rath

Case brief

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