Orissa High Court
WP(C)/28247/2026 of JITENDRA NAYAK Vs STATE OF ODISHA on 9 September 2026
HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.28247 of 2026 CNR No. ODHC010667002026 Jitendra Nayak …. Petitioner Mr. L.K. Mohanty, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. A . Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 09.09.2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28247 of 2026
CNR No. ODHC010667002026
Jitendra Nayak
….
Petitioner
Mr. L.K. Mohanty, Advocate
-versus-
State of Odisha & Ors.
….
Opposite Parties
Mr. A. Tripathy, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
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ORDER
09.09.2026
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.
3. Petitioner has filed the present writ petition inter alia 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 the opp. parties to release the scale of pay attached to the post of Senior Caretaker in favour of the petitioner w.e.f. 1.5.2019 having discharging higher responsibility, taking into consideration the judgment of this Hon'ble Court rendered in between Dillip Kumar Sahoo Vrs State of Orissa and others reported in 2008
(1) OLR 162 and in between Maheswar to the post of Senior
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Mohapatra Vrs State of Orissa and others reported in 2024
(1) ILR CUT-782 and to grant promotion Caretaker taking into consideration the order dtd. 26.4.2019 under Annexure-3 with consequential promotional benefits;
ii) And after hearing the parties be pleased to direct to release the scale of pay attached to the post of Senior Caretaker w.e.f. 01.05.2019 and release all differential arrears and direct the opp. Parties to grant promotion to the petitioner to the post of Senior Caretaker taking into consideration his continuance in the said post of w.e.f. 01.05.2019;
to calculate and release all iii) And the opp.parties be directed differential arrears in the post of Senior Caretaker 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; And for which act of kindness, the petitioner shall as in duty bound, ever pray.”.
4. In course of hearing, learned counsel for the Petitioner states that highlighting his grievance, Petitioner has made a representation to Opposite Party No.3 vide Annexure-7 and the same may be directed to be considered within a stipulated time, to which learned Counsel for the State has no objection.
5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.3 to consider the representation filed by the Petitioner vide Annexure-7 within a period of three (3) months in accordance with law from the date of production of
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certified copy of this order with due communication to the Petitioner.
5.1. It is observed that if the Petitioner is discharging his duty as Senior Caretaker in terms of the order dtd.16.04.2019, appropriate decision be taken.
6. Accordingly, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy) Subrat
Judge Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Sep-2026 13:40:15 Signature Not Verified