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2025 DAILYLAW 2804 (ORI)

KUNJA BIHARI RATH v. UNION OF INDIA

WP(C)/10449/2025 · 2026-03-24

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 10449 of 2025 Kunja Bihari Rath …. Petitioner Mr. Sanjib Mohanty, Advocate -Versus- Union Of India And Ors. …. Opp. Parties Mr. P.K. Parhi, DSGI Mr. Santosh Kumar Samantaray, CGC For O. P.Nos. 1 to 3 CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH ORDER Order No. 24.03.2026 08. The subject matter of this petition is substantially similar to the one in W.P.(C) No. 5178 of 2025 heard and disposed off by a Coordinate Bench of this Court vide order dated 17.04.2025 between Union Of India v. Nabin Kumar Senapati, wherein the challenge was dismissed. 2. Mr. Mohanty, learned counsel appearing for the Petitioner tells us that the subject matter of this case is again substantially similar to the one in W.P. (C) No. 37387 of 2020 between Gouranga Jena v. Union of India disposed off by another Coordinate Bench vide order dated 04.08.2025 wherein relief has been accorded to the employees of the kind and, therefore, on the principle of parity, the petition has to be disposed off accordingly. 3. Learned DSGI-Mr. Parhi assisted by learned CGC-Mr. Samantaray draws our attention to an order of the Apex Court dated 16.01.2026 in S.L.P.(C) Diary No(s).71634 of 2025 between Union of India and another v. Nabin Kumar Senapati whereby notice has been issued on the application in I.A. No.5984 of 2026 for condonation of delay. He tells us that when already notice has been ordered by the Apex Court on the delay application, the hearing of this matter be deferred. We do not agree. When already a view is taken by two Coordinate Benches of this Court, then it is not desirable to keep this matter pending any longer awaiting the decision of the Apex Court in the above SLP(C) which may take its own time. We are of the considered opinion that this Writ Petition should be disposed off with liberty to the Petitioner to seek its revival on the basis of the outcome of the SLP(C) Diary No. 71634 of 2025. Ordered accordingly and Writ Petition is disposed off without interference. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge AKPradhan/Priyanka Designation: Senior Stenographer