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2025 DAILYLAW 41206 (ORI)

ASWINI KU MISHRA v. STATE OF ORISSA

WP(C)/20745/2015 · 2025-06-24

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 20745 of 2015 Aswini Ku. Mishra ..... Petitioner Mr. J. Biswal, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S.K. Jee, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.06.2025 Order No. 04 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties. 3. Petitioner has filed the present writ petition inter alia with the following prayer:- “It is, therefore, prayed that this Hon'ble Court may graciously be pleased to :- i) Admit the writ application; ii) Call for the records; iii) Issue Rule NISI calling upon the Opp. Parties to show cause as to why the impugned order dated 20.04.2015 under Annexure-7 treating the joining of the petitioner as reengagement and in not regularizing the period of service which he has already rendered as Sikshya Sahayak from 29.08.2012 to 22.04.2015 to be illegal and without authority of law. iv) And if the opposite parties do not show cause, or show insufficient cause, issue a writ in the nature of Page 2 of 3. certiorari or any other appropriate order/orders quashing the order, treating the joining of the petitioner as reengagement and to direct the opposite parties to modify the order dated 20.04.2015 and regularize the period of service of the petitioner from 29.08.2012 to 22.04.2015 i.e. the period in which he was prevented from discharging his duty because of the illegal order of termination v) Issue a writ in the nature of Mandamus or any other appropriate writ/writs, order/orders, direction/directions directing the Opp. Parties to regularize the service of the petitioner from the date of his initial engagement i.e. from 22.03.2011 as Sikshya Sahayak and extend all service benefits as he has already completed three years of service in the meantime and moreover the opposite parties be directed to release the arrear salary for the above period i.e. from 29.08.2012 to 22.04.2015 within a reasonable time to be stipulated by this Hon'ble Court. vi) And/or pass such other order/orders, direction/directions as this Hon'ble Court may think fit and proper for the ends of justice; And for this act of kindness the petitioners as in duty bound shall ever pray.” 4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 3 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence. 5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 3 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 3 be communicated to the Petitioner. Page 3 of 3. 6. With the aforesaid observation and direction, the Writ Petition is disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha