Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 7386 of 2008 Khageswar Samal ..... Petitioner Mr. S. Sekhar Adv. appearing on behalf of Mr. B. Routray, Sr. Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S.P. Das, ASC Mr. P.K. Mishra, Adv. for O.P.2 to 6 CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 10.07.2026 Order No. 08 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties. 3. Pursuant to the order dtd.03.07.2026, learned counsel appearing for the Petitioner fairly contended that in the meantime Petitioner has already retired from service on attaining the age of superannuation on 31.05.2025. 4. Petitioner has filed the present writ petition inter alia with the following prayer:- “ The petitioner above named, therefore, prays that this Hon'ble Court may graciously be pleased to:- Page 2 of 3. (i) Admit the writ application; (ii) Call for the records (iii) Issue rule nisi calling upon the opposite parties to show case as to why the Managing Director (Mining), Orissa Mining Corporation, opposite party no.2 shall not be directed to accept the recommendation of the Reporting Officer, i.e., Manager (Mining) and the decision of the countersigning authority, namely, A.G.M. (Mining), J.K. Road, opposite party no.5 as per their order dated 12.4.2004 (Annexure-3) and the subsequent letter dated 23.3.2006 (Annexure-13 and direct the opposite parties expunge the so-called adverse remarks made in the C.C.R. of the petitioner for the year 2001-02 in terms of the observation/orders of the opposite party No.4 and the Reporting Officer; (iv) Issue a writ of mandamus or any other appropriate writ/ writs, direction/ directions directing the opposite parties to give promotion the petitioner retrospectively with effect from 4.8.2004, the date from which the juniors to the petitioner have been promoted to the post of Senior Foreman (Mech.) and give all other consequential service benefits to the petitioner within a reasonable time to be stipulated by this Hon'ble Court. (v) Issue a rule nisi calling upon the opposite parties to show cause as to why the impugned order of the Chairman, dated 4.7.2003 under Annexure-5 shall not be quashed; (vi) If the opposite parties fail to show cause or show insufficient cause, Your Lordships may be pleased to issue a writ in the nature of certiorari or any other appropriate writ/ writs, order/ orders by quashing the said order dated 4.7.2003. And pass such other orders/directions as this Hon'ble Court deem just fit and proper under the facts and circumstances of the case. Page 3 of 3. And for this act of kindness, the petitioner shall as in duty ever pray”. 5. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence. 6. It is observed that if such representation is filed 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 Petitioner. 7. With the aforesaid observation and direction, the Writ Petition is disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Subrat