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2023 DAILYLAW 786 (ORI)

ODISHA LIFT IRRIGATION CORPN. LTD. v. RAMESH CHANDRA GUIN

WA/2575/2023 · 2026-05-07

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2023

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2575 of 2023 Odisha Lift Irrigation Corporation Ltd., a Govt. of Odisha undertaking represented through its Managing Director Sudhansu Mohan Samal …. Appellant Mr. Bigyan Kumar Sharma, Advocate <<<< -versus- Ramesh Chandra Guin and Others …. Respondents Mr. Umesh Ch. Mohanty, Advocate ,, CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 07.05.2026 09. The subject matter of this Appeal is substantially similar to the one in W.P.(C). No.329 of 2012 connected with W.P.(C)(OAC) No.1378 of 1994 between Bharat Behera vs. State of Orissa disposed off on 20.04.2026 wherein we have granted the relief to litigants of the kind in the following way: “In the above circumstances, these petitions succeed; a Writ of Certiorari issues quashing the impugned order of the Tribunal and also the Director’s Abeyance Order dated 07.04.1994 with following directions: (i) All the 104 employees including the Petitions herein shall be treated as having been regularized w.e.f. January & February 1994 in terms of respective 5 orders and accordingly all services and monetary benefits shall be extended to these people. (ii) In respect all those who are dead and gone or who have already retired, the Government and the Director shall undertake the search of LRs and remit the financial benefit to their bank accounts within three months and report compliance to the Registrar General of this Court. (iii) Default or delay shall carry interest at the rate of 1% for the first one month, and 2% for the months next following, which may be recovered from the erring officials of the Government. (iv) The Ops shall collectively pay a cost of Rs.5,000/- (Rupees Five Thousand) only to each of the Petitioners within an outer limit of three months. However, this cost shall automatically stand waived should the above directions be complied with compliance report is filed before the Registrar General of this Court within the period, as mentioned above.” The order of the learned Single Judge is consistent with our judgment in Bharat Behera (supra). It is one of the cardinal principles of adjudication that similar cases should be treated similarly, there being no demonstrable differences having bearing on the matter, in view of Apex Court decision in State of Karnataka v. C. Lalitha, (2006) 2 SCC 747. In view of the above, the Writ Appeal is dismissed coupled with a direction to give effect to the order of the learned Single Judge within an outer limit of eight weeks without driving the Respondents to invoke contempt jurisdiction. Cost made easy. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka Designation: Senior Stenographer