Disposed¶¶27 (para 7)

Shiba Prasad Guru v. State of Odisha

Service law – annual increment

Orissa HC19 Jan 2026WP(C)/1602/2026

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What is this about?

WP(C) No. 1602 of 2026, High Court of Orissa at Cuttack, decided 19.01.2026 by Justice Biraja Prasanna Satapathy. Annual increment of petitioner withheld due to pendency of vigilance and departmental proceedings; Court relied on W.P.(C) No. 7559 of 2025 and directed Opposite Party No. 2 to sanction increment w.e.f December, 2023 within four weeks; petition disposed of.

What did the court decide?

Direction to Opposite Party No. 2 to sanction the annual increment of the Petitioner as due w.e.f December, 2023 within four weeks from the date of receipt of the order. ¶¶27 (para 7)

Shiba Prasad Guru Vs State of Odisha — Orissa HC (2026) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 1602 of 2026

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Shiba Prasad Guru

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..... Petitioner Mr. G.R. Sethi, Advocate

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-versus-

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State of Odisha & Ors.

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..... Opposite Parties Mr. P.P. Behera, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

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19.01.2026

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Order No. 01

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This matter is taken up through hybrid mode.

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Heard Mr. G.R. Sethi, learned counsel appearing for the Petitioner and Mr. P.P. Behera learned Addl. Standing Counsel appearing for the Opp. Parties.

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The present writ petition has been filed inter alia with the following prayer:-

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“It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs ;

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i. To direct the Opposite Parties to sanction and pay the annual increments of the petitioner w.e.f. December, 2023 to the Petitioner immediately.

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And pass such other order/orders as may be deemed fit and proper for the interest of justice.

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And for this act of kindness, the petitioner as in duty bound shall ever pray.”

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Page 1 of 3.

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It is contended that on the ground of pendency of a vigilance proceeding and Departmental Proceeding, increment as due and admissible to the Petitioner w.e.f December, 2023 has not yet been extended. It is contended that mere pendency of a vigilance and Departmental proceeding are not a ground to withhold the annual increment as due to the Petitioner w.e.f December, 2023.

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4.1. It is also contended that similar issue was before this Court in W.P.(C) No. 7559 of 2025. This Court in Para 6.1 of order dtd.19.03.2025 has held as follows:-

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“6.1. As per the considered view of this Court, pendency of a criminal proceeding or even a disciplinary proceeding is not a ground to deny the increment as due and admissible to the Petitioner. Therefore, this Court is inclined to direct Opp. Party Nos. 3 & 4 to release the increment as due to the Petitioner within a period of four (4) weeks from the date of receipt of this order.”

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4.2. Placing reliance on the aforesaid order, it is contended that Petitioner is entitled to get the benefit of increment as due to him.

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Learned Addl. Standing Counsel on the other hand contended that since as admitted a vigilance proceeding is pending against the Petitioner, he is not entitled to get the benefit of increment as due to him in the month of December, 2023.

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Having heard learned counsel appearing for the Parties, considering the submission made and placing reliance on the order passed by this Court in W.P.(C) No. 7559 of 2025, this Court is inclined to dispose of the writ petition by directing the Opp. Parties more particularly Opp. Party No. 2 to sanction with the increment

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Page 2 of 3.

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of the Petitioner as due to him w.e.f December, 2023 within a period of four (4) weeks from the date of receipt of this order.

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