Gouranga Charan Rout Vs State of Orissa — Orissa HC (2026) — LawSathi Research

Gouranga Charan Rout Vs State of Orissa — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the Petitioner to file a detailed representation before Opposite Party No.2 within three weeks; Opposite Party No.2 directed to consider it strictly in accordance with law and the applicable resolutions, keeping in view benefits extended to similarly situated persons, dispose of it within eight weeks by a speaking and reasoned order, communicate the decision within a week thereafter, and, if entitlement to the T.G. scale is concluded, take follow-up steps within four weeks to extend the benefit at par with similarly situated employees.

Issue for consideration

Whether the order dated 2.2.2023 of Opposite Party No. 3 (Annexure-6) relating to the T.G. Scale should be quashed/set aside and the T.G. Scale released in favour of the Petitioner w.e.f. 16.11.2020 with arrears, the scale having been withdrawn without prior show cause notice. +1 more

Court's answer

Opposite Party No.2 to consider the Petitioner's representation strictly in accordance with law and in terms of the resolution applicable to the Petitioner, keeping in view that similarly situated persons have been extended similar benefits.

Ratio / Principle

This Court disposed of the present writ application, granting liberty to the Petitioner to approach Opposite Party No.2 with a detailed representation containing all grounds and supporting documents within three weeks.

Key takeaways

The representation is to be disposed of within eight weeks of the Petitioner approaching Opposite Party No.2, by passing a speaking and reasoned order, and the final decision communicated to the Petitioner within a week thereafter.ratio¶33
If Opposite Party No.2 concludes that the Petitioner is entitled to the T.G. scale of pay as decided by Opposite Party No.1-State, then, in the absence of any other legal impediment, necessary follow-up steps are to be taken to extend such benefits to the Petitioner at par with other similarly situated employees within four weeks of the decision.ratio¶33

Detailed headnote1 paragraphs

Orissa High Court at Cuttack, WP(C) No.3801 of 2026, single Bench of Aditya Kumar Mohapatra J., order dated 11.03.2026: Writ petition filed by Gouranga Charan Rout, a Hindi Teacher appointed on 29.10.2010 whose service was approved w.e.f. 01.10.2015, praying for quashing/settling aside of the order dated 2.2.2023 of Opposite Party No. 3 (Annexure-6) and release of T.G. Scale w.e.f. 16.11.2020 with arrears. Counsel alleged that the T.G. scale once granted vide order dated 17.03.2022 was withdrawn vide order dated 21.08.2023 without any prior show cause notice, while similarly situated teachers had been granted the scale by Opposite Party No.2 vide order dated 15.09.2022. State counsel, conceding absence of specific instructions, held that redressal lay with the Opposite Parties and offered no objection to a representation route. The Court did not itself adjudicate entitlement: it disposed of the writ application, granting liberty to file a detailed representation before Opposite Party No.2 within three weeks, with directions to consider it strictly in accordance with law and in terms of the applicable resolution(s), keeping in view parity benefits to similarly situated persons, to dispose of it within eight weeks by a speaking and reasoned order, to communicate the decision within a week thereafter, and, should Opposite Party No.2 conclude entitlement to the T.G. scale as decided by Opposite Party No.1-State, to take follow-up steps within four weeks to extend the benefits at par with other similarly situated employees. No statute or precedent was cited.

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.3801 of 2026

Gouranga Charan Rout

..... Petitioner

Represented by Adv. - Laxmikanta Mohanty

-versus-

State Of Orissa and others

..... Opposite Parties

Mr. C.M. Singh, ASC

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

ORDER

11.03.2026

Order No.

This matter is taken up through Hybrid mode.

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the prayer made therein.

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

“It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opp. Parties calling upon them to file show cause as to why :-

i) A direction shall not be issued to quash/ set aside the order dated 2.2.2023 issued by Opp. Party No. 3 under Annexure-6 and direct the opp. Parties to release T.G. Scale in favour of the petitioner w.e.f. 16.11.2020 as per the earlier order passed by Opp. Party No.3 dated 6.6.2022 under Annexure-5 taking into consideration the resolution dated 16.11.2020 issued by Opp. Party No.1 under Annexure-4 as well

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as the resolution dated 1.3.2025 under Annexure-7;

ii) And after hearing the parties be pleased to quash/ set aside the order dated 2.2.2023 issued by Opp. Party No. 3 under Annexure-6 and direct the opp. Parties to release T.G. Scale in favour of the petitioner w.e.f. 16.11.2020 as per the earlier order passed by Opp. Party No.3 dated 6.6.2022 under Annexure-5 and release all arrears in favour of the petitioner; within a date to be fixed by this Hon'ble Court;

And pass any other order/orders, direction/directions as deemed fit and proper;”

Learned counsel for the Petitioner at the outset contended that the present Petitioner was initially appointed as a Hindi Teacher by the Secretary of Managing Committee on 29.10.2010 prior to his appointment the Petitioner passed M.A. in Hindi in the year 2020. He further submitted that w.e.f. 01.10.2015, the service of the Petitioner was approved.

While the matter stood thus, the State Govt. issued a resolution dated 18.02.2008 for grant of T.G. Scale to the Hindi Teacher. Subsequently, vide resolution dated 16.11.2020, a clarification has been issued by the Opposite Party No.1 with regard to grant of T.G. Scale to Hindi Teachers like the Petitioner. Finally, vide order dated 17.03.2022, the Opposite Party No.3 granted a T.G. Scale in favour of the Petitioner w.e.f. 16.11.2020. Such grant of T.G. scale to the Petitioner was withdrawn thereafter vide order dated 21.08.2023 by the Opposite Party No.3.

Learned counsel for the Petitioner at this stage alleged that such withdrawal of the T.G. scale in favour of the Petitioner vide

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order dated 21.08.2023 is without issuing any prior show cause notice. In such view of the matter, learned counsel for the Petitioner contended that the conduct of the Opposite party No.3 in withdrawing the T.G. scale arbitrarily and without notice to the Petitioner is unsustainable in law and accordingly the said decision be quashed. He further submitted that similarly situated teachers have been granted the T.G. scale by the Opposite Party No.2 vide order dated 15.09.2022. Being aggrieved by the conduct of the Opposite Party No.3 in withdrawing the T.G. scale of pay to the Hindi Teachers, the Petitioner has approached this Court by filing the present writ application.

Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter. However, the pleadings in the present writ application do not disclose that the Petitioner has approached the Opposite Parties for redressal of his grievance. He further contended that the Petitioner should have approached the Opposite Parties for redressal of his grievance instead of approaching this Court directly. In such view of the matter, learned counsel for the State further contended that in the event this Court directs the Petitioner to approach the Opposite Parties with a corresponding direction to the Opposite Party No.2 to consider the grievance of the Petitioner in accordance with law and the applicable resolution within a stipulated period of time and he will have no objection to the same.

Considering the submission made by the learned counsel appearing for both sides, on a careful examination of the background facts and keeping in view the fact that similar scale of pay has already been granted by the Opposite Party No.2 to similarly situated persons as alleged by the Petitioner, this Court deems it

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proper to dispose of the present writ application by granting liberty to the Petitioner to approach the Opposite Party No.2 by filing a detailed representation taking therein all the grounds along with supporting documents within a period of three weeks from today. In such eventuality, the Opposite party No.2 shall do well to consider the representation of the Petitioner strictly in accordance with law and in term of the resolution applicable to the Petitioner, further keeping in view the fact that the similarly situated persons have been extended with similar benefits and, dispose of the representation within a period of eight weeks, of the Petitioner approaching the Opposite party No.2. The representation of the Petitioner shall be disposed of by passing a speaking and reasoned order. The final decision so taken be communicated to the Petitioner within a week thereafter. Further, it is clarified that in the event the Opposite Party No.2 comes to a conclusion that the Petitioner is entitled to the T.G. scale of pay as has been decided by the Opposite Party No.1-State, then in the absence of any other legal impediment, necessary follow up steps be taken to extend such benefits in favour of the Petitioner and at par with other similarly situated employees, within a period of four weeks from the date of taking such decision.

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

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra )

Judge

S.K. Rout

Signature Not Verified

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 4 of 4. Location: High Court of Orissa, C utta ck Date: 12-Mar-2026 18:32:22