Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). NO.1671 of 2005
CNR No. ODHCOl0013102005
State of Orissa and others …. Petitioner Mr. Subha Bikash Panda, Additional Government Advocate
-versus-
Ghanashyam Meher …. Opp. Parties
Mr. Jagdish Biswal, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
Order No. 25.08.2026
09.
1. This matter is taken up through hybrid mode.
2. This writ petition has been filed assailing the order dated 22nd August, 2003 (Annexure-3) passed by State Administrative Tribunal (for brevity ‘the Tribunal’) in OA No.2119(C) of 2003 which was heard and disposed of along with OA No.208(C) of
2002.
3. Mr. Panda, learned Additional Government Advocate submits that the Opposite Party filed the aforesaid OA before the Tribunal for regularization of his service from the date of initial appointment as Additional Section Teacher in Rampur Girls High School in the district of Subarnapur. The OA was disposed of vide
order under Annexure-3. The Tribunal directed to approve their appointment from the actual date of acquiring the B.Ed. Digitally Signed Signed by: ROJALIN NAYAK Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2026 16:44:51 Signature Not Verified
qualification and also directed to pay the consequential relief. The matter was taken up for hearing on 11th August, 2026, on which date, the following order was passed:
“1. This matter is taken up through hybrid mode.
2. Mr. Biswal, learned counsel for the Opposite Party, places on record a copy of order dated 29th October, 2007, passed in W.P.(C) No.13142 of 2007, which was filed by the present Opposite Party challenging the order impugned in the present writ petition.
2.1. The said writ petition was allowed, directing the State of Odisha to regularize the services of the Opposite Party with effect from the date of his initial appointment.
3. It is submitted that the State of Odisha being aggrieved by the aforesaid order, assailed the same in SLP(C) No.6822 of 2009, before the Hon'ble Supreme Court, which was disposed of vide
order dated 1 April, 2016 keeping the question of law open. 4. A copy of both the orders is served on Mr. Panda, learned Additional Government Advocate, who prays for a short adjournment to examine the same. 5. Hence, the matter stands adjourned to be listed on 25 August, 2026 under the heading 'Old Matters'.”
4. The Opposite Party has also filed the copy of the order dated 29th October, 2007 passed in W.P.(C) No.13142 of 2007 and order dated 1st April, 2016 passed by Hon’ble Supreme Court in SLP(C) No.6822 of 2009 arising out of the said order. 5. Mr. Panda, learned Additional Government Advocate on that date sought for an adjournment to examine the matter and make the submission. 6. Today, Mr. Panda, learned Additional Government Advocate drew attention of this Court to the following portion of the order dated 29th October, 2007 passed in W.P.(C). No.13142 of
2007. The relevant portion of the said order reads as under: Digitally Signed Signed by: ROJALIN NAYAK Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2026 16:44:51 Signature Not Verified
“ It appears that another batch of cases, leading case of which was O.A. No.405(C) No.2000 was disposed of by the Orissa Administrative Tribunal by order dated 17.07.2003 against which the State of Orissa and other Officers had filed W.P.(C) No.14895 of 2004 which was dismissed by this Court on 17.11.2005 with the following observation/direction:
"In view of the above mentioned facts and circumstances, we are not inclined to interfere with the impugned judgments and orders passed by the Tribunal as we have found no illegality, irregularity or manifest error in the same. The writ petitions are, therefore, dismissed. Since the judgments and orders were passed by the Tribunal in the year 2003, the petitioners should make compliance of the same and make available the consequential benefits to the opposite parties including the intervenors within a period of three months. We make it clear that those opposite parties including the intervenor-opposite parties, who were appointed without training qualification, and have already achieved the said qualification (B.Ed.) in the meantime, should be categorized as trained graduate teachers from the date(s) of acquiring the said training and should be provided with all benefits attached to the post.”
7.
It is thus submitted that the Opposite Party is entitled to be regularized from the date of acquiring B.Ed. qualification and not from the initial date of appointment, as held above. 8. Mr. Biswal, learned counsel for the opposite Party submits that the order impugned herein has already been implemented regularizing the Opposite Party from the date of acquiring B.Ed qualification. Thus, nothing remains to be adjudicated in the writ petition. 9. Mr. Panda, learned Additional Government Advocate also acknowledges the same and submits that the writ petition may be Digitally Signed Signed by: ROJALIN NAYAK Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2026 16:44:51 Signature Not Verified
disposed of in terms of order dated 29th October, 2007 passed in W.P.(C). No.13142 of 2007.
10. In view of the above, the writ petition is disposed of with an observation that since the Opposite Party has already been regularized in terms of order dated 29th October, 2007, nothing remains to be adjudicated in the writ petition. Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge
(Mruganka Sekhar Sahoo)
Judge Rojalin Designation: Senior Stenographer