Pravati Jena Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Pravati Jena Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to OP No.1 to take a decision on the petitioner's representation dated 17.10.2025 within eight weeks, inform the petitioner of the result in writing, keep all contentions open, and conduct the consideration in light of the Saraswati Bhoi and Nilamani Behera decisions; information/documents may be sought but without delay; no costs imposed ('Now, no costs.').

Issue for consideration

Whether the petitioner is entitled to grant of Grade Pay Rs.4,200/- towards 2nd Financial Up-gradation under the RACP/MACP Scheme on completion of twenty years of service in a single cadre, as given to other similarly circumstanced teachers, in view of the non-consideration of her representation dated 17.10.2025 (Annexure-7). +1 more

Ratio / Principle

The writ petition is disposed of: Opposite Party No.1 is to consider the subject representation and inform the result of such consideration to the petitioner in writing within eight weeks, with all contentions kept open.

Key takeaways

The consideration of the representation shall be made in the light of the Saraswati Bhoi decision (supra) and of State of Odisha and others v. Nilamani Behera and others, W.P.(C) No.4848 of 2021.ratio¶¶20
Answering Opposite Party No.1 may solicit any information or documents from the petitioner required for taking a decision on the representation, but in doing so delay shall not be brooked.ratio¶¶21

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, single-judge disposal order (02.05.2026) by Justice Aditya Kumar Mohapatra in Pravati Jena v. State of Odisha and others, WP(C) No.12230 of 2026 (taken up in Hybrid mode). Grievance: non-consideration of petitioner's representation dated 17.10.2025 (Annexure-7) seeking Grade Pay Rs.4,200/- towards 2nd Financial Up-gradation under the RACP/MACP Scheme on completion of twenty years of service in a single cadre, at par with similarly circumstanced teachers. Counsel submits the claim is supported by the OAT decision in O.A. No.2576 of 2016, affirmed by the Division Bench in W.P.(C) No.7281 of 2018 (State of Odisha & Ors. v. Saraswati Bhoi & Ors., 2022 (II) ILRCUT-629) and, per counsel, also affirmed by the Apex Court. Learned ASC fairly consents to instruct OP No.1 to decide the matter in terms of the representation. Court disposes the writ petition: decision and written intimation within eight weeks, all contentions kept open, consideration expressly to be made in the light of Saraswati Bhoi (supra) and State of Odisha and others v. Nilamani Behera and others, W.P.(C) No.4848 of 2021; OP No.1 may solicit information/documents but delay shall not be brooked; no costs. The substantive entitlement question was NOT decided by this Court — it is left to administrative determination under the stated benchmarks.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12230 of 2026

Pravati Jena

.....

Petitioner

Represented by Adv. - Ranjit Samal

-versus-

State Of Odisha and others

..... Opposite Parties Mr. A. Mohanty, ASC

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

02.05.2026

Order No.

01.

This matter is taken up through Hybrid mode.

Petitioner is grieving before the Writ Court against nonconsideration of her representation dated 17.10.2025 under Annexure-7, wherein she has sought for the grant of Grade Pay Rs.4,200/- the date of completion of twenty years of service in a single cadre towards 2^nd Financial Up-gradation under RACP/MACP Scheme given to other similarly circumstanced teachers.

Learned counsel for the Petitioner submits that the claim of the Petitioner is supported by the Odisha Administrative Tribunal (OAT) decision in O.A. No.2576 of 2016 has been affirmed by Division Bench of this Court in W.P.(C) No.7281 of 2018 between State of Odisha & Ors. v. Saraswati Bhoi & Ors., 2022 (II) ILRCUT-629 . He also notifies to the Court that the said decision has been affirmed by the Apex Court.

Page 1 of 2.

Learned ASC appearing for the Opposite Parties very fairly submits that he would instruct to OP No.1 to take the decision in the matter in terms of the representation, if all contentions are kept open and a timeline is prescribed. This is appreciable.

In the above circumstances, writ petition is disposed of. Time for consideration of the subject representation and informing result of such consideration to the Petitioner in writing, is eight weeks. All contentions are kept open. The consideration shall be made in the light of Saraswati Bhoi ( supra ) and also State of Odisha and others v. Nilamani Behera and others in W.P.(C) No.4848 of 2021 .

It is open to the answering OP No.1 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.

Now, no costs.

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

( Aditya Kumar Mohapatra ) Judge

S.K. Rout

Signature Not Verified

Page 2 of 2. Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-May-2026 10:06:13