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2025 DAILYLAW 1395 (ORI)

ASWINI KUMAR PRADHAN v. STATE OF ODISHA

WP(C)/9960/2026 · 2026-04-07

Biraja Prasanna Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.9960 of 2025 Aswini Kumar Pradhan …. Petitioner Ms. D. Mohapatra, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. S. Das, ASC COROM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 07.04.2026 11. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia with the following prayer: Under the above circumstances, it is therefore humbly prayed that this Hon’ble Court may graciously be pleased to quash the Office order dtd.09.05.2022 under Annexure-7 issued by the Opp. party No.1 and direct the Opp. Parties to regularize the services of the Petitioner as against the post of Khalasi and grant him all consequential service and financial benefits, as the case of the Petitioner is covered by the decision of this Hon’ble Court vide judgment dtd.20.08.2025 under Annexure-8. And pass any other order/orders, direction/directions as this Hon’ble Court may deem just and proper p. 2 p. 2 And for which act of kindness, the Petitioner shall as in duty bound ever pray. 4. Learned Counsel appearing for the Petitioner contended that the ground on which Petitioner’s claim was rejected vide the impugned orderdt.09.05.2022 under Annexure-7 is no more sustainable, in view of the judgment delivered by this Court on 20.08.2025 in W.P.(C ) No.17395 of 2022 and batch. It is accordingly contended that in view of the judgment so delivered, Opp. party No.1 be directed to take a fresh decision on the claim of the Petitioner. 5. Learned Addl. Govt. Advocate on the other hand contended that since the judgment was delivered on 20.08.2025 and the impugned order has been passed on 09.05.2022, no illegality or irregularity can be found with the impugned order since it was passed prior to disposal of the aforesaid batch of Writ Petition. 6. Having heard learned counsel appearing for the parties and considering the submission made, this Court placing reliance on the judgment dt.20.08.2025 so available under Anenxure-8, is of the view that the ground on which Petitioner’s claim was rejected vide the impugned order dt.09.05.2022 under Annexure-7, is no more sustainable in the eye of law. 6.1. Therefore, while quashing the said orders so far as it relates to the claim of the Petitioner, this Court p. 3 p. 3 directs Opp. party No.1 to take a fresh decision by following the judgment dt.20.08.2025, so passed in W.P.(C ) No.17395 of 2022 and batch. This Court directs Opp. party No.1 to take a fresh decision within a period of 2(two) months from the date of receipt of this order along with a copy of the judgment with due communication to the Petitioner. 7. With the aforesaid observation and direction, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) sangita Judge