The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.29650 of 2025 Pabitra Mohan Nayak …. State of Odisha & Ors. …. -versus-
Legal Reasoning
Petitioner Represented by Adv.- Mr. S. Routray, Adv. Opposite Parties Represented by Adv.- Mr. D. Lenka, AGA CORAM: JUSTICE DIXIT KRISHNA SHRIPAD
Decision
ORDER 20.11.2025 Order No. 01. Petition prayer reads as under: “It is therefore, most humbly prayed that this Hon’ble Court be graciously pleased to: i) Admit the writ application. ii) Call for the record. iii) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the 0pp. Party no. 2 to approve the appointment of the petitioner and release the benefits of grant in aid @1/3rd w.e.f. 01.06.1994, @ w.e.f. 01.06.1996 and @full salary cost w.e.f. 01.06.1998 under GIA Order, 1994 in terms of the letter of O.P. No.1 dated 24.11.2014 under Annexure-3 and further extend all consequential service and financial benefits as due and admissible within a stipulated time to be fixed by this Hon’ble Court. iv) And/or pass any other order/orders, direction/directions as this Hon’ble Court deems fit and proper for the ends of justice.” 2. Learned counsel for the petitioner draws attention of the Court to his client’s representation dated 22.12.2024, a copy whereof avails at Annexure-5 series. One such representation addressed to the Principal Secretary, Higher Education Department, Odisha reads as under: Page 1 of 4 “Sir, With due respects and humble submission I beg to state the following few lines for your kind considerations, sympathetic actions and favourable orders. 1. In compliance to Govt.-Order issued vide Letter No.-27143 dt. 24.11.2014 in that the present petitioner who is working against as 1st Post-Jr. Clerk-cum-Typist in Korua Women’s legitimate College At/Po-Korua, Dist.-Kendrapara claimant for receiving Grant-in-aid as repealed G.I.A- Order- 1994. In this connection it is relevant to mention that the petitioner has already been approved by Govt. Higher Education Department Vide G.O. No-27143/HE, dt. 24.11.14 in compliance to kind orders of the Learned state Education tribunal, Bhubaneswar dt. 30.12.2010 passed in G.I.A Cases No-77/2008 for better appriciation, the copy of order dated 30/12/2010 passed in GIA Case No-77/2008 and Letter No- 127143/HE dt. 24.11.14 as applied as Annexure 1 & 2 the is 2. That the whole issue concentrates, the round the fact that the holder of the 3rd post of Jr. Clerk-cum-typist in the college namely Pradipta Kumar Khandual had preferred G.I.A case No- 5/2014 arising to the present petitioner as party to said G.I.A case where in he had challenged the approval order issued in favour of the petitioner under Annexure-2 and alleging him to be senior and legitimate claimant to avail Grant-in-aid in stead of the petitioner. 3. That in view of the continuance of the G.I.A case field by Sri Pradipta Kumar Khandual (holder of 3rd post Jr. Clerk-cum- Typist) the approval order issued by Govt. under G.I.A 1994 Vide Letter No- 27113/HE Dt. 24.11.14 order annexed-2 above remained in stand still position. That, since the petitioner is the real occupant of 1st Post of Jr. Clerk-cum-Typest, in the college and he was rightly approved against the said 1st Post Jr. Clerk- cum-typist by Annexure his name was not consider for the purpose of benefit under G.I.A. order-2009. 5 That it is also a fact felt, apposite to be brought to light that, the holder of the 2nd Post namely Ranjan Kumar Dash and holder of the 3rd post Pradipta Kumar Khandual have already been considered and approved against 2nd and 3rd post of Junior-Clerk-Cum-typest in the said college under G.I.A. order- 2009 and have now been converted to avail such benefit under G.I.A-order 2017. For better appraisal, the copy of approval order issued in favour of the 2nd 3rd post holders are annexed herewith as annexure-3 (Series) 6. That, in the meantime, the learned S.E.T by order dated- 8.11.2019 passed in G.I.A. Case No- 5/2014 in view of judgement Date-16.09.19 of the Hon’ble Apex Court delivered in the case of Lokanath Behera V.S State of Odisha in Civil Appeal No-7299/19 (identical batch Matter lead case C.A. No- Page 2 of 4 7295/2019 State of Odisha and others V.S. Arup Kumar Senapati and others) Dismissed the said G.I.A. Case and held that the applicant namely Pradipta Kumar Khandual (holder of 3rd Post of Jr. Clerk-cum-typest) is not eligible to avail the benefit under G.I.A.-1994. 7. That in view of the clear-cut-position that the Present petitioner being a rightful claimant of the 1st post of Jr Clerk- cum-typist in Korua Womens College, At/Po-Korua and he has been rightly approved against the 1st post of Jr Clerk-cum- typist in the college as per G.O. No. 27143/HE Dated-24.11.14 order annexed-2 and in view of the position that the post has been brought under G.I.A fold from 1.6.1994 which is prior to the repeal of G.I.A order 1994. The effect of repeal does’t affect the right of the petitioner against the above posts to continue with receiving G.I.A as per GIA 1994 and the same has been confirmed as para-31 of the judgement of Hon’ble Superime Court delivered in-C A. No-7295/2019 (State of Odisha V.S Anup Kumar Senapati as represented below. 31 It is apparent an consideration of paragraph 4 of Order of 2004 that only saving of the right is to receive the block grant and only in case Grant-in-aid had been received on or before the repeal of the order of 2004, it shall not be affected and the Order of 1994. Shall continue only for that purpose and no other rights are saved. Thus, we approve the decision of the High Court in Lokanath Behera (Supra) on the aforesaid aspect for the aforesaid vesion mentioned by us. 8. That as per the law of land the only savings of right on the part of the petitioner to receive G.I.A. as the post occupied by him is under Gl. A fold prior to repeal G.I.A. order - 1994 (the same being approved to receive G.I.A. from 1.6.1994 vide annexure-2) 9. That on the basis of clear-cut-position of the law settled by Hon’ble supreme court, the petitioner retains right to receive G.I.A against 1st Post of Jr Clerk-cum-Typist in the college from 1.6.1994. It is an apathy that, as on date, the petitioner though has rendered 35 years of service in the college, has not received a single pie due to the lacona may be at the level of Govt. Further, it is bring to your kind attention that while the other two Jr Clerks who have been posted against 2nd and 3rd post have been approved under GIA order 2009 and in the meantime have been also approved to receive additional benefit under G.I. A order 2017 10. That the petitioner is going to retire during 2027 and he is running from post to pillar to save his family from distress and hunger inspite the fact that, he is the seniormost Jr. Clerk in the college who after approval, has not been released with any such G.I.A. Page 3 of 4 11. Under the above circumstances, it is most humbly submitted and prayed that, appropriate steps may please be taken by your majesty to look into the facts cited above and to do the needful to release G.I.A in my favour as per the approval order under Annexure-2 to operate the law of the land (Para-31) of judgement of Hon’ble Supreme Court delivered in the matter of Anup Kumar Senapati (Supra) or else if considered, my claim be settled under GIA order-2009 for which I shall be highly obliged.” (sic) 3. Learned counsel for the petitioner submits that if a direction is given to consider the subject representation in the light of G.I.A. Case No.77 of 2008, his client would be satisfied. With this proposal, learned AGA appearing OP Nos.1 & 2 is also agreeable subject to the caveate that all contentions should kept open and a reasonable period should be prescribed for completion of the task. This is appreciable. In the above circumstances, petition is disposed off. Time for consideration of subject representation and to inform the petitioner in writing the result of such consideration, is eight weeks. All contentions are kept open. It is open to solicit any information or document from side of the petitioner or from other officers, as are required for due consideration of the subject representation; however, in that guise delay shall not be brooked. Now, no costs. Web copy of order to be acted upon by all concerned. Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 21-Nov-2025 15:20:12 Prasant (Dixit Krishna Shripad) Judge Page 4 of 4