Muralidhar Biswal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Muralidhar Biswal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to OP No.1 to take a decision on the representation dated 17.10.2025 and inform the Petitioner the result in writing within eight weeks; all contentions kept open; consideration to be made in the light of Saraswati Bhoi and Nilamani Behera decisions; no costs.

Issue for consideration

Whether the Petitioner is entitled to grant of Grade Pay Rs.4,200/- from the date of completion of twenty years of service in a single cadre towards 2nd Financial Up-gradation under the RACP/MACP Scheme, as sought in his representation dated 17.10.2025 (Annexure-7) — the claim on which all contentions were kept open for consideration by OP No.1.

Court's answer

Writ petition disposed of: OP No.1 to consider the subject representation and inform the Petitioner the result of such consideration in writing within eight weeks; all contentions kept open.

Ratio / Principle

The consideration of the representation shall 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.

Key takeaways

Answering OP No.1 may solicit any information or documents from the Petitioner as required for taking a decision on the subject representation, but delay on that account shall not be brooked.ratio¶21

Detailed headnote1 paragraphs

Muralidhar Biswal v. State of Odisha and others — High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, J.), order dated 02.05.2026 in WP(C) No.12656 of 2026: Writ petition against non-consideration of the Petitioner's representation dated 17.10.2025 (Annexure-7) seeking grant of Grade Pay Rs.4,200/- from completion of twenty years of service in a single cadre towards 2nd Financial Up-gradation under RACP/MACP Scheme, disposed of with direction to OP No.1 to consider the representation and intimate the result to the Petitioner in writing within eight weeks, the consideration to be made in the light of State of Odisha & Ors. v. Saraswati Bhoi & Ors. (2022 (II) ILRCUT-629, affirming O.A. No.2576 of 2016 (OAT)) and State of Odisha v. Nilamani Behera, W.P.(C) No.4848 of 2021; all contentions kept open; OP No.1 permitted to solicit information/documents from the Petitioner but delay not to be brooked; no costs.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12656 of 2026

Muralidhar Biswal

.....

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 his representation dated 17.10.2025 under Annexure-7, wherein he 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