Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) Nos.34906, 34907, 34940, 35134, 36360, 36362 & 36363 of 2021
Bimalendu Mohanty
….
Petitioner Mr. P.K. Mohapatra, Adv.
-versus-
State of Odisha and Others ….
Opp. Parties Mr. S.P. Das, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No
ORDER 12.01.2026
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. Since the issue involved in the present batch of Writ Petition is identical, all the matters were heard analogously and disposed of by the present common
order.
4. It is contended that claim of the petitioners to get the benefit of regularization vide order dated 05.08.2021 of O.P. No.1 has been rejected. It is contended that the ground on which claim of the petitioners was so rejected vide the impugned order dated 05.08.2021 under Annexure-7 is no more sustainable in view of the order
passed by this Court in W.P.C(OA) No.344 of 2017 and batch. It is accordingly contended that the impugned
order is no more sustainable in the eye of law.
4.1. A further submission is also made that order passed in W.P.C(OA) No.344 of 2017 and batch has been upheld by this Court as well as by the Hon’ble Apex Court with dismissal of the Writ Appeal in W.A. No.2299 of 2023 and SLP(Civil) Diary No.13472 of 2025. Review filed against the
order was also dismissed by the Apex Court.
5. Learned Addl. Standing Counsel on the other hand contended that if in terms of the order passed by this Court in W.P.C(OA) No.344 of 2017 and batch so confirmed by this Court as well as by the Hon’ble Apex Court, petitioners claim has been wrongly rejected, the matter be remitted to O.P. No.1 to take a fresh decision.
6. Having heard learned counsel for the parties, considering the submissions made and after going through the order passed in W.P.C(OA) No.344 of 2017 and batch, this Court is of the view that the ground on which petitioners claim has been rejected vide the impugned order dated 05.08.2021 is no more sustainable in the eye of law.
6.1. While quashing order dated 05.08.2021 in each of the cases, this Court remits the matter to O.P. No.1 to take a fresh decision on the claim of the petitioners in the light of the order passed in W.P.C(OA) No.344 of 2017 and
batch, so confirmed by this Court as well as by the Hon’ble Apex Court. Such a fresh order be passed within a period of 2 (two) months from the date of receipt of this
order with due communication to the petitioners.
7. All the Writ Petitions stand disposed of accordingly.
(Biraja Prasanna Satapathy)
Judge Basudev