Dr. Chakrapani Patnaik 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.

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

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“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:

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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

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Page 1 of 4.

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relating to the W.P (C) No. 26692 of 2011.

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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.

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3. Direction directing the Opposite Parties to adopt same procedure by sanctioning arrear amounts from 01.01.1986 to 31.12.1995 as per Annexure-9 series, Annexure- 11 & 11 series and Annexure-12 & 12 series and pay the arrear amount within the stipulated date without any discrimination.

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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.”

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The sole grievance of the Petitioner in the present writ petition is that his case has not been considered in terms of the order dated 17.11.2022 passed in W.P.(C) No.30005 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. A Coordinate Bench of this Court, vide order dated 17.11.2022, disposed of such writ petition directing the Opposite Parties to extend the benefits to the Petitioner in terms of the judgments passed by the Hon’ble Division Bench of this Court in General Secretary, Utkal University Demonstrators’ Association decided in O.J.C. Nos.1088 of 2000 and 13156 of 1998 . Further, referring to the order passed earlier by the learned Coordinate Bench at Annexure-1, learned counsel for the Petitioner contended that the Opposite Parties were directed to extend the benefits in favour of the

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Page 2 of 4.

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Petitioner in terms of the above noted judgment without discriminating against the Petitioner and treating the Petitioner to be at par with the demonstrators of Utkal University, who had earlier approached this Court. She further contended that despite such order dated 17.11.2022, the Opposite Parties have considered and rejected the grievance of the Petitioner vide order dated 04.12.2024 at Annexure-4. Learned counsel for the Petitioner assailed the order at Annexure-4 on the ground that the calculations done therein are erroneous and not in terms of the order passed by this Court. In the aforesaid factual backdrop, the Petitioner again approached the Opposite Parties by filing a representation to reconsider her case on 26.12.2024 at Annexure-13 to the writ application. She further submitted that after filing of such representation and taking therein specific grounds, the Opposite Party No.1 has not yet taken any final decision on it. Being aggrieved by such inaction of the Opposite Party No.1, the Petitioner has once again approached this Court by filing the present writ application.

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Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter, however, in the event the Petitioner approaches the Opposite Party No.1 by filing any such representation dated 26.12.2024, and such representation is still pending for final consideration, he will have no objection in the event this Court directs the Opposite Party No.1 to dispose of the representation of the Petitioner dated 26.12.2024 at Annexure-13 by passing a speaking and reasoned order within a stipulated period of time and strictly in accordance with law.

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Considering the submissions made by the learned counsels appearing for the parties, on a careful examination of the

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Page 3 of 4.

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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 04.12.2024, 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 possible preferably with four weeks from the date of taking such a decision if there are no other legal impediments.

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