Binapani Pattanaik Vs State of Orissa

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

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The present writ petition has been filed by the Petitioner with the following prayers:-

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“ The petitioner, therefore, pray that this Hon'ble Court would graciously be pleased to issue Rule Nisi calling upon the opp. parties to show cause as to why the Petitioner's husband shall not be provided with the scale of pay as is admissible under the University Grant Commission guidelines from the date of his entitlement. If the opp. parties fail to show cause or show insufficient cause the said Rule be made absolute with directions to the Opposite parties to

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allow U.G.C Scale of Pay in favor of her deceased husband Nrusingha Charan Mohant from the date of his entitlement till superannuation on 30.06.2008, the differential pension till 22.09.2022 and the differential family pension from 03.08.2021 to the petitioner till the date of actual payment within a stipulated period.

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And /or pass such other order/ orders, issue such other writ/writs this Hon'ble Court deems fit and proper in the facts and circumstances of the case in order to provide complete relief to the petitioner. ”

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It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 29.12.2023 before the Opposite Party No.2-Director, Higher Education, Orissa, Heads of Department Building, Bhubaneswar under Annexure-9, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

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Learned counsel for the State submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with law within a stipulated period of time.

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Considering the submissions made by the learned counsels appearing for the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.2-Director, Higher Education, Orissa, Heads of Department Building, Bhubaneswar to consider the representation of the Petitioner dated 29.12.2023 under Annexure-9 in accordance with law within a period of eight weeks from the date of production

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of a certified copy of this order. It is needless to mention here that the representation of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the Petitioner within ten days thereafter.

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Urgent certified copy of this order be granted on proper application.

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(Aditya Kumar Mohapatra)

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Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 21-Jan-2026 13:34:19