WP(C)/4555/2012 of GOPAKRUSHNA PATTNAIK Vs STATE and ORS. on 27 August 2026

ORDER

27.08.2026 Order No. 14

1. This matter is taken up through hybrid mode.

2. Even though the matter was listed under the heading ‘For Referral to Mediation’, but on the consent of the Parties, the matter was taken up.

3. Heard learned counsel appearing for the Parties.

4. Petitioners have 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 :-

1) Admit the writ application;

ii) Call for the records;

(ii.a) Issue Rule NISI calling upon the opposite parties to show cause as to why the impugned order of the Managing Director rejecting the representation of the petitioner as communicated to the petitioner by the General Manager, Orissa State Beverage Corporation vide its letter dt. 5.11.2012 under Annexure- shall not be quashed;

ii.b) If the opposite parties do not show cause or show insufficient cause, issue a writ in the nature of certiorari or any other appropriate writ/writs, order/orders, direction/directions quashing the order of rejection passed by the Managing Director, Orissa State Beverage Corporation as communicated to the petitioners by the General Manager, Orissa State Beverage Corporation vide letter dt. 5.11.2012;

ll.c) Further be pleased to direct the Opp. Parties to release the additional doses of D.A. @ 16% raising from 87% to 103% with effect from 1.7.2010 and 12% raising from 103% to 115% with effect from 1.1.2011 in terms of prerevised scale of pay under ORSP Rules, 1998 as per the Government of Odisha, Excise Department letter dtd. 12.9.2012 under Annexure-7 in favour of the petitioners within a reasonable time to be fixed by this Hon'ble Court; Issue a writ in the nature of Mandamus or any other writ/writs, direction/directions directing the Opp. Parties, to fix the revised scale of pay as per the recommendation of 5th and 6th Pay Commission and direct the opposite parties to pay the differential arrear salary to the petitioners and also to pay current salary as per the recommendation of the 5th and 6th Pay Commission within a reasonable time to be fixed by this Hon'ble Court;

iv) And pass any other order/orders, direction/directions directing the Opp. Parties to extend the benefits as has been extended to the employees of Oil Orissa (Federations) who have opted for VRS and also the co-employees of Orissa State Beverage Corporation who are brought to the Corporation by way of deputation in terms of the 5th and 6th Pay Commission report as this Hon'ble Court may deem fit and proper for the ends of justice And for this act of kindness the petitioner shall as in duty bound ever pray.”

5. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioners to make individual representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of their claim, if any, within a period of three (3) weeks hence.

6. It is observed that if such representation is filed individually within the aforesaid time period, Opp. Party No. 2 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 2 be communicated to the Petitioners.

7. With the aforesaid observation and direction, the Writ Petition is disposed of.

(BIRAJA PRASANNA SATAPATHY)

Judge

Jyoti Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 29-Aug-2026 11:09:02 Signature Not Verified