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2022 DAILYLAW 949 (ORI)

STATE OF ODISHA v. SUBASH CHANDRA SAHOO

WA/1395/2022 · 2026-04-20

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2022

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. NO.1395 OF 2022 State of Odisha & others …. Appellants Mr.Swayambhu Mishra, Additional Standing Counsel -versus- Subash Chandra Sahoo …. Respondent Mr. Atul Tripathy, Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 20.04.2026 09. 1. This matter is taken up through hybrid mode. 2. This writ appeal has been filed by the State of Odisha, assailing the order dated 07.12.2021 passed by this Court in W.P.(C) No.37867 of 2021 with a direction to the State Government to take a decision on the recommendation keeping in mind the ratio of the case of Patitapaban Dutta Dash Vs. State of Odisha in W.P.(C) No.19951 of 2020 disposed of on 09.09.2021. 3. It is submitted by Mr. Mishra, learned Additional Standing Counsel that in the meantime, the Respondent has been regularised on and from the date of completion of six years of contractual service, i.e., w.e.f 02.08.2014 granting notional benefits. 4. The matter was listed on 04.02.2026 when Mr. Tripathy, learned Counsel for the Respondent prayed for disposal of the writ appeal granting liberty to the Respondent to work out remedy with regard to entitlement of actual financial benefit on and from the date of completion of six years of contractual service. Learned State Counsel sought for an adjournment to take instruction on the same. 5. A copy of the said order of regularisation of the Respondent, along with others, is produced before this Court by Mr. Mishra, learned Additional Standing Counsel, which is taken on record. 6. He further submits, on instruction, that the Appellant has no objection to the prayer made by Mr. Tripathy, learned Counsel for the Respondent, to work out remedy in accordance with law for actual financial benefit. 7. In view of the above, this Court observes that the Respondent may work out remedy with regard to his entitlement to actual financial benefit on and from the date of completion of six years of contractual service and in that event, the authority concerned should do well to consider the same expeditiously in accordance with law. 8. The writ appeal is disposed of accordingly with aforesaid observation and modification in the order impugned herein. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Mona