Nilambar Garnaik Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

¶17

The Petitioner has filed the present writ application with the following prayer:

¶18

“It is therefore, prayed that this Hon'ble Court may be graciously be pleased to issue writ/writs, order/orders and direction/ directions under Article-226 of the Constitution of India and more particularly to issue:

¶19

1. Call for the records/calculation sheets of 19 Demonstrators /petitioners of Utkal University relating to the case OJC No. 1088 of 2000 and No. 13156 of 1998 and records / calculation sheets of 11 Demonstrators /petitioners of Non-Govt. Aided Colleges relating to the W.P

¶20

Page 1 of 4.

¶21

(C) No. 26692 of 2011.

¶22

2. Direction directing the opposite parties to adopt same procedure by sanctioning Rs. 8000/-275-13500/- as per Annexure-6 & 6 series and pay the arrear amount within the stipulated time without any discrimination.

¶23

3. Direction directing the Opposite Parties to extend similar financial benefits of UGC Scales of Pay with arrears to Petitioner as extended full arrear amounts from 01.01.1986 to 31.12.1995 (without notionally) to similarly placed Petitioners Demonstrators of Non-Govt. Colleges and Govt. Colleges under Annexure-8 series, Annexure-9 & 9 series and Annexure-10 & 10 series and pay the arrear amount within the stipulated date without any discrimination.

¶24

And pass such other order/orders as this Hon’ble court may deem fit and proper in the facts and circumstances of case and in the interest of justice.

¶25

And for this act of kindness, the Petitioner as in duty bound shall every pray”

¶26

The sole grievance of the Petitioner in the present writ petition is that his case has not been considered in terms of the judgment dated 03.11.2022 of the Hon’ble Division Bench of this High Court passed in W.P.(C) No.14842 of 2022. Learned counsel for the Petitioner at the outset contended that earlier the Petitioner had approached this Court by filing the above noted writ petition. The Hon’ble Division Bench of this Court in terms of the judgment dated 03.11.2022, disposed of such writ petition cited the judgment of this Court in W.P.(C) No.26692 of 2011 at Annexure-2, wherein at Para-17 and 23 of the judgment of the

¶27

Page 2 of 4.

¶28

Hon’ble Division Bench dated 30.09.2011 in General Secretary, Utkal University Demonstrators’ Association decided in O.J.C. Nos.1088 of 2000 and 13156 of 1998 . She further contended that despite such order dated 03.11.2022, the Opposite Parties have considered and rejected the grievance of the Petitioner vide order dated 17.10.2024 at Annexure-4. Learned counsel for the petitioner assailed the order at Annexure-4 on the ground that the calculation done therein is erroneous and not in terms of the order passed by the Hon’ble Division Bench. In the aforesaid factual backdrop, the Petitioner again approached the Opposite Parties by filing representation to reconsider his case on 08.04.2026 at Annexur-11 to the writ petition.

¶29

Considering the submissions made by the learned counsels appearing for the parties, on a careful examination of the background facts, further keeping in view the principle laid down by this Court in the judgment referred to hereinabove in case of Demonstrators of Utkal University, this Court deems it proper to dispose of the writ petition at this stage of admission by directing the Opposite Party No.1 to reconsider the case of the Petitioner strictly in terms of the ratio laid down by the Hon’ble Division Bench in the above noted case within a period of eight weeks. It is further directed that if required, it is open to the Opposite Party No.1 to review its order dated 17.10.2024, if the necessity so arises, within the aforesaid stipulated period of time. Any order passed by the Opposite Party No.1 be communicated to the Petitioner from time to time. It is further made clear that if the Petitioner has not been extended with the benefit as per the order passed by the Hon’ble Division Bench of this Court in the case of Utkal University Demonstrators’ Association , then necessary steps be taken for calculation and disbursal of the benefits as expeditiously as

¶30

Page 3 of 4.

¶31

possible preferably with four weeks from the date of taking such a decision if there are no other legal impediments.

¶32

With the aforesaid observations/directions, the writ application stands disposed of.

¶33

Issue urgent certified copy of this order as per Rules.

¶34

( Aditya Kumar Mohapatra ) Judge

¶35

Sisir

¶36

Signature Not Verified

¶37

Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 23-Jun-2026 18:03:33

¶38

Page 4 of 4.

Nilambar Garnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nilambar Garnaik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Dev Anand Vs State of Odisha

Suresh Kumar Barik Vs State of Odisha

Debasis Taria Vs State of Odisha

Nilima Rani Pandit Vs State of Odisha

Dhaneswar Nayak Vs State of Odisha

Debendra Kumar Mishra Vs State of Odisha