Authority: Orissa High Court, Cuttack (Hon’ble Mr. Justice Murahari Sri Raman)

Order Date: 16.09.2026

Case Overview

  • Petitioner: Bhagaban Mahapatra, aged about 65, retired Assistant Block Education Officer (Khunta, Mayurbhanj), former Headmaster (appointed 09.09.1981, promoted 2013 to Level‑II Elementary Cadre).
  • Opposite parties: 1) State of Odisha (Secretary, School & Mass Education Dept., Bhubaneswar); 2) Director, Elementary Education Odisha, Bhubaneswar; 3) Block Education Officer, Khunta.
  • Relief sought: Quash Office Order No.11700‑6S‑6‑2022‑VI (dated 16.05.2023) and direct the Director to sanction and disburse duty‑pay salary for 01.01.2016 – 17.03.2016 by regularising the leave period; also any other appropriate relief.
  • Background: The petitioner applied for leave (20.01.2016 – 14.02.2016) but was not paid salary for 01.01.2016 – 17.03.2016. He retired on 31.05.2018. Earlier writ petition (W.P.(C) No.28842 of 2022) was disposed on 03.11.2022 directing the Director to consider his representation (dated 29.03.2022). The Director rejected the representation on the ground of pending criminal (G.R. Case No.73 of 2016) and departmental proceedings, citing alleged fake B.A. (April 1981) and B.Ed. (May 1985) certificates – Utkal University confirmed no roll numbers or certificates existed.
  • Criminal case: FIR lodged 10.03.2016; offences under IPC §§ 468, 471, 420; registered as G.R. Case No.73 of 2016 before Sub‑Divisional Judicial Magistrate, Udala (still pending).
  • Departmental proceedings: Initiated for producing fake certificates; petitioner was suspended on 18.03.2016 (Office Order No.5525‑4A‑189‑15‑VI). Stay of the departmental proceeding was granted on 09.09.2022 (WPC (OAB) No.31 of 2018). A second show‑cause notice (Annexure‑9 dated 10.10.2018) was also stayed.
  • Provisional pension: Earlier order (W.P.(C) No.7640 of 2020, dated 09.02.2024) directed release of provisional pension as per Rule 66, Odisha Civil Services (Pension) Rules, 1992, effective from 01.06.2018.
  • Contentions: Petitioner’s counsel argued that pending criminal/dept. cases should not bar regularisation of leave; cited Rule 66 of Pension Rules. Opposite counsel argued that unauthorized absence and alleged fake certificates justified denial of duty‑pay and that leave could be regularised only after clearance of criminal case.
  • Court’s analysis: Found no leave application or medical certificate submitted; petitioner’s claim of authorised leave unsupported. Noted that petitioner admitted unauthorised absence from 01.01.2016 – 17.03.2016. Emphasised principles of clean‑hands doctrine, fraud, and that unauthorized absence is not entitled to salary. Referred to Odisha Leave Rules, 1966 (Rule 13, 17, 130‑144) stating extraordinary leave is unpaid and leave must be sanctioned in writing.
  • Legal precedents cited: Badami v. Bhali (2012), Kishore Samrite v. State of U.P. (2012), State of Andhra Pradesh v. T.S. Suryachandra Rao (2005), Indian Oil Corporation v. Rajendra D. Harmalkar (2022), among many others, to underline that fraud/unauthorised absence precludes relief.

Final Outcome

  • The writ petition is dismissed as devoid of merit; no duty‑pay salary is granted for the period 01.01.2016 – 17.03.2016.
  • No costs are imposed on the petitioner.
  • The earlier order directing release of provisional pension (effective June 2018) remains in force.
  • The court reiterates the direction dated 09.09.2022 to expedite the pending criminal case (G.R. No.73/2016) and expects petitioner’s cooperation.

Topics: Legal Proceedings, Government Employment, Fraud