BENUDHAR ACHARYA v. STATE OF ODISHA
Court: High Court of Orissa
Bench: MR. JUSTICE ADITYA KUMAR MOHAPATRA
Judgment date:
Case summary
High Court of Orissa judgment dated 2026-01-20. BENUDHAR ACHARYA v. STATE OF ODISHA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 29629 of 2025 Benudhar Acharya ..... Petitioner Represented by Adv. - Sudeep Kumar Sarangi, Sr. Adv. -versus- State Of Odisha & Ors. ..... Opposite Parties Represented by Adv. – U. C. Jena, A. S. C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20. 01. 2026 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned Senior Counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “The petitioner, therefore, prays that your Lordships shall graciously be pleased to admit this Writ petition, issue Rule nisi calling upon the opposite parties to show cause: (a)As to why the Authorities shall not be directed to sanction leave as admissible as intimated by the Page 1 of 3.
Principal vide Annexrue-1 (b)And further direct the Authorities to revise the scale of pay of the petitioner within the time to be stipulated by this Hon'ble Court, (c)And to pass such other order or orders as this Hon'ble Court deem fit and proper: And on their failure to show cause or showing insufficient cause this Hon'ble Court be pleased to make the said RULE absolute by way of issuance of appropriate Writ or Writs, order or Orders in the facts and circumstances of the present case. ” 4. Learned Senior Counsel for the Petitioner at the outset contended that the Petitioner is going to retire by end of next month. He further submitted that the Petitioner has not been paid his legitimate dues as is due and admissible to him. Ventilating his grievance, the Petitioner has already approached the Opposite Party No. 2-Director of Higher Education, Bhubaneswar by filing a representation on 01. 09. 2025.
He further submitted that no decision has been taken on such representation of the Petitioner as of now. Challenging such inaction on the part of the Opposite Party No. 2, the Petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter. However, taking into consideration the fact that the representation of the Petitioner is pending and in the event the same has not been disposed of, he will have no objection if this Court directs the Opposite Party No. 2 to consider the representation of the Petitioner in accordance with law within a stipulated period of time. Page 2 of 3. 6.
Having regard to the submissions made by learned Senior counsel for the Petitioner as well as learned counsel for the State, further taking into consideration the nature of the grievance involved in the present writ application, this Court deems it proper to dispose of the present writ application at the stage of admission by directing the Opposite Party No. 2 to consider and dispose of the representation of the Petitioner at Annexure-2, if the same is still pending, within a period of four weeks from the date of communication of a copy of today’s order. The final decision so taken be communicated to the petitioner within a week thereafter. It is further made clear that in the event it is found by the Opposite Party No. 2 that the Petitioner is entitled to the claim made in his representation, then necessary follow steps be taken for disbursal of such amount in favour of the Petitioner within four weeks thereafter, if there are no other legal impediments. 7.
With the aforesaid observations/ directions, the Writ Petition stands disposed of. Issue urgent certified copy of this order as per Rules. ( A. K. Mohapatra ) Judge Anil Signature Not Verified Page 3 of 3. Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 28-Jan-2026 09:57:32
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