Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13168 of 2025
Kshirabdhi Tanaya Sahoo & Ors.
….
Petitioners Mr. S.K. Ojha, Advocate
-versus- State of Odisha & Ors.
….
Opposite Parties Mr. A. Tripathy, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 01.08.2025
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The present Writ Petition has been filed inter alia challenging the order dtd.02.05.2025 so passed by Opposite Party No.2 under Annexure-14. Vide the said
order, claim of the Petitioners to get engagement as Junior Engineer under JE (RGPSA) was rejected in terms of the earlier order passed by this Court on 15.09.2022 in WPC (OAC) No.2424 of 2014.
4.
Learned counsel appearing for the Petitioners contended that the ground of rejection is not sustainable, in view of the subsequent order passed by this Court on 27.11.2024 in WPC(OAC) No.2425 of 2014 and batch under Annexure-1.
4.1. It is accordingly contended that the ground on which claim of the Petitioners has been rejected vide the impugned order is not sustainable taking into account the view taken by this Court in its order dtd.27.11.2024 under Annexure-1.
5. Learned Addl. Government Advocate for the State on the other hand contended that since the order dtd.27.11.2024 so available under Annexure-1 was never brought to the notice of the Opposite Party No.2 while considering the claim of the Petitioners, no fault can be found with the said authority.
5.1. It is however contended that if the rejection is not sustainable in view of the order available under Annexure-1, let the matter be remitted to Opposite Party No.2 to take a fresh decision taking into account the order passed under Annexure-1.
6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that while deciding the issue and rejecting the claim vide order dtd.02.05.2025 under Annexure- 14, relevancy and effect of the order dtd.27.11.2024 so passed in WPC (OAC) No.2425 of 2014 and batch has not been taken into consideration.
6.1. In that view of the matter, this Court is inclined to quash order dtd.02.05.2025 so passed by Opposite Party No.2 under Annexure-14. While quashing the
said order, this Court remits the matter to the said Opposite Party to take fresh decision on the Petitioner’s claim taking into account order dtd.27.11.2024 so passed in in W.P.(C) (OAC) No.2425 of 2014 and batch, if the same is applicable to the fact of the present case. Such a fresh decision be taken within a period of three (3) months from the date of receipt of this order. Petitioner No.1 is permitted to provide a copy of this
order along with copy of the order under Annexure-1 before Opposite Party No.2 for compliance.
7. Accordingly, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge Subrat