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2023 DAILYLAW 334 (ORI)

TUNA BEHERA v. STATE OF ODISHA

WP(C)/38600/2023 · 2026-02-06

Biraja Prasanna Satapathy

Civil Appealbody2023

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.38600 of 2023 Tuna Behera …. Petitioner Mr. A.K. Dash, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. S. Das, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 06.02.2026 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Even though the present Writ Petition has been filed inter alia challenging the order of rejection passed on 17.08.2023 under Annexure-6, but it is contended that on the face of such rejection, Petitioner is continuing as on date and accordingly in view of the recent decisions of the Hon’ble Apex Court in the case of Jaggo vs. Union of India & Ors., 2024 SCC OnLine SC 3826 and 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, Petitioner is eligible and entitled to get the benefit of regularization. 4. Learned Addl. Standing Counsel for the State on the other hand contended that if Petitioner as contended is continuing in service as on date, let him move an application before Opposite Party No.2 for fresh consideration of his claim. 5. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the Writ Petition directs Opposite Party No.2 to take a fresh decision on the Petitioner’s claim to get the benefit of regularization in the light of the decisions of the Hon’ble Apex Court in the case of Jaggo, Shripal and Dharam Singh as cited (supra). Petitioner is permitted to provide a copy of this order along with the citations before Opposite Party No.2 for compliance. Opposite Party No.2 is directed to take a decision within a period of two (2) months from the date of receipt of this order with due communication to the Petitioner. 6. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Subrat Judge