The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.32955 of 2024 Debasis Mohapatra and others ..... Petitioners Represented By Adv. - Mr. Budhadev Routray, Senior Advocate along with Mr. Bikash Mishra, Advocate State of Odisha and others ..... Opposite Parties -versus- Represented By Adv. – Mr. Pitambar Acharya, Advocate General WP(C) No.8004 of 2024 Sri Diptiranjan Mohapatra and another ..... Petitioners
Legal Reasoning
Represented By Adv. - Mr. Sanjit Mohanty, Senior Advocate along with Biswajit Pasayat, Advocate State of Odisha and others ..... Opposite Parties -versus- Represented By Adv. – Mr. Pitambar Acharya, Advocate General WP(C) No.8833 of 2024 Sri Bikram Keshari Singh and another ..... Petitioners Represented By Adv. - Mr. Tapas Kumar Acharya -versus- State of Odisha and others ..... Opposite Parties Page 1 of 6. Represented By Adv. – Mr. Pitambar Acharya, Advocate General WP(C) No.9178 of 2024 Sandeep Parida ..... Petitioner Represented By Adv. - Mr. P.C. Panda -versus- State of Odisha and others ..... Opposite Parties Represented By Adv. – Mr. Pitambar Acharya, Advocate General WP(C) No.9643 of 2024 Sri Pravat Kumar Panda ..... Petitioner Represented By Adv. - Mr. Biswajit Pasayat -versus- State of Odisha and others ..... Opposite Parties Represented By Adv. – Mr. Pitambar Acharya, Advocate General WP(C) No.10942 of 2024 Sabita Mohanty ..... Petitioner Represented By Adv. - Mr. Tapas Kumar Acharya State of Odisha and others ..... Opposite Parties -versus- Represented By Adv. – Mr. Pitambar Acharya, Advocate General Page 2 of 6. WP(C) No.13024 of 2024 Sri Jayadev Mishra ..... Petitioner Represented By Adv. - Mr. Biswajit Pasayat -versus- State of Odisha and others ..... Opposite Parties Represented By Adv. – Mr. Pitambar Acharya, Advocate General WP(C) No.14483 of 2024 Sri Ramanath Acharya ..... Petitioner Represented By Adv. - Mr. Biswajit Pasayat -versus- State of Odisha and others ..... Opposite Parties Represented By Adv. – Mr. Pitambar Acharya, Advocate General CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 24.06.2025 05. 1. The above noted batch of writ petitions are taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Since the present batch of writ petitions involve a common issue, a common question of law and are based on identical set of facts, they are being taken up together for final hearing with the consent of both sides. Page 3 of 6. 3. Heard the learned Senior Counsels appearing for the Petitioner in the batch of writ petitions along with other counsels as well as Mr. Pitambar Acharya, learned Advocate General, Odisha. Perused the writ petition as well as the documents annexed thereto. 4. The present writ petitions have been filed by a group of lawyers, who were designated as Standing Counsel for School & Mass Education Department, Government of Odisha, challenging the amendment brought to the fee structure pertaining to Senior Standing Counsels and Standing Counsels of S&ME Cell vide Law Department Notification No.4307/L dated 09.04.2021 and for a further direction to the State- Opposite Parties to extend similar benefits of retainer fee and daily fees in terms of the Law Officers of High Court (Recruitment, Remuneration and Duties) (Amendment) Rules, 2021 at par with the fee structure approved and sanctioned in favour of the Law Officers working in the office of the Advocate General, Odisha. 5. Learned Senior Counsels as well as other counsels appearing for the Petitioners contended that the Petitioners who have been discharging duties as Senior Standing Counsels and Standing Counsels for S&M.E. Department/Offices were engaged to defend the State in various litigations pending before this Court. In the year 2021, the Law Officers of High Court (Recruitment, Remuneration and Duties) Rules, 2021 was amended and the fees payable to the Law Officers discharging Page 4 of 6. their duties in the office of the Advocate General were enhanced, however the cases of the Petitioners were not taken into consideration. As such, they were excluded from the purview of the aforesaid Rules, 2021. It was also argued by the counsels for the Petitioners that the Petitioners are also covered under the Rules, 2021 and, as such, they are entitled to the enhanced fee structure benefit which has been extended in favour of the counsels working in the office of the Advocate General, Odisha. 6. On a previous date of hearing, the learned Advocate General, who was appearing for the State-Opposite Parties, was requested by this Court to use his good office and explore the possibilities to resolve the dispute keeping in view the fact that both set of Law Officers are discharging similar duties and are governed under the same set of Rules. Thus, the exclusion of the Petitioners from the purview of the amendment and depriving them of the opportunity to get enhanced fee would cause discrimination. 7. Today in Court Mr. Pitambar Acharya, learned Advocate General appearing for the State-Opposite Parties, submitted that the State Government has already taken a policy decision to extend the benefit under the amended 2021 Rules and, accordingly, the Petitioners shall be entitled to the revised fee structure under the amended 2021 Rules at par with the Law Officers working in the office of the Advocate General of Odisha till abolition of the post of Law Officers at the School & Mass Education Department, Government of Odisha, i.e. on Page 5 of 6. 31.03.2023. He further contended that since the aforesaid decision involves huge financial implication, i.e. to the tune of rupees four crores, the State is required to make certain budgetary provisions. Therefore, an undertaking was given on behalf of the State Government that the outstanding dues of the Petitioners shall be calculated and paid by January, 2026. 8. Learned counsels appearing for the Petitioners, on the other hand, have no objection to the same. 9. The present writ petitions are being disposed of in terms of the undertaking given by the learned Advocate General, Odisha on behalf of the State-Opposite Parties. 10. Before departing, this Court would like to express its appreciation for the efforts made by the learned Advocate General and his office in resolving the dispute amicably. 11. With the aforesaid observation, all the writ petitions stand disposed of. ( Aditya Kumar Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 29-Jun-2025 17:45:34 Page 6 of 6.