DHANESWAR BEHERA v. DIRECTOR GENERAL,ICAR,KRUSHI BHAWAN
WP(C)/14501/2018 · 2026-07-09
Biraja Prasanna Satapathy
Writ Petition (Civil)body2018
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[ 2018 DAILYLAW 1000 (ORI) · dailylaw.ai ]
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[ 2018 DAILYLAW 1000 (ORI) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 14501 of 2018
Dhaneswar Behera & Ors. ..... Petitioners Mr. S. Mohanty, Advocate -versus- Director General, ICAR, Krushi Bhawan & Ors. ..... Opposite Parties Mr. S.B. Jena, Advocate
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER 09.07.2026
Order No. 12
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Parties.
3. 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 admit the writ application, issue notice to the Opp. Parties ad upon hearing the parties be pleased to direct the Opp. Party more particularly the Opp. Party No. 2 to regularize the Petitioner in pursuance to the Court's Order vis-a-vis a guidelines against a vacant post of Skill Support Staffs keeping in view the past experience and length of service at an early date.
And pass any other order/orders, direction/directions as this Hon'ble Court would be deem fit and proper as
facts and circumstances of the case.
And for the said act of kindness, the Petitioner shall as in duty bound every pray.”
4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioners to make fresh individual
Page 2 of 3. representations 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.
4.1. It is observed that if any such individual representations are 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 Petitioners.
4.2. Since it is contended that claim of the Petitioner is covered by the recent decision of the Hon’ble Apex Court in the case of Jaggo vs. Union of India & Ors., 2024 SCC OnLine SC 3826; Shripal & Anr. vs. Nagar Nigam, Ghaziabad, 2025 SCC OnLine SC 221, as well as Dharam Singh & Ors. vs. State of U.P. & Anr. (Civil Appeal No(s).8558 of 2018 and another decision of the Apex Court in the case of Bhola Nath Vs. State of Jharkhand and Others, 2026 INSC 99, it is observed that along with the representation, if the decisions so cited (supra) will be enclosed, Opp. Party No. 2 shall consider the relevancy and effect of those decision for taking a decision on the Petitioners claim to get the benefit of regularization.
4.3. However, it is further observed that, if any similarly situated employees have got the benefit of regularization as contended in the additional affidavit, the same be also taken into consideration by Opp. Party No. 2.
4.4. Till a decision is taken as directed, no coercive action be taken against the Petitioners.
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5. With the aforesaid observation and direction, the Writ Petition is
disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge Sneha