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2025 DAILYLAW 45396 (ORI)

KALYANI TRIPATHY v. STATE OF ODISHA

WP(C)/15979/2024 · 2025-04-02

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15979 of 2024 Kalyani Tripathy & others …. Petitioners Mr. P.K. Mohapatra, Advocate -Versus- State of Odisha & others …. Opposite Parties Mr. H.K. Panigrahi, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 04.07.2024 01. 1. This matter is taken up through virtual mode. 2. Heard Mr. Mohapatra, learned counsel for the petitioners. 3. Instant writ petition is filed by the petitioners challenging the impugned decision under Annexure-1 and order vide Annexure- 2 series and to allow them to continue in the posts of Forester with retrospective effect and for consequential benefits on the grounds stated therein. 4. Learned counsel for the petitioners submits that without any reason, the Authority concerned passed the impugned order of reversion, when the petitioners were promoted in the month of January, 2024. It is claimed that after the filing of W.A. No.1286 of 2024, the impugned action has been taken, which has resulted in reversion of the petitioners. It is further claimed that the selection process was duly followed as per the procedure with the Gradation p. 2 list prepared and placed before the Selection Committee, so therefore, the action of the opposite parties and in particular, opposite party No.3 is arbitrary, unreasonable and not legally tenable. 5. In reply and response to the above, Mr. Panigrahi, learned ASC for the State would submit that pursuant to the Court’s order in W.P.(C) No.2 of 2024, promotion has been given to the petitioners therein. At the same time, Mr. Panigrahi, learned ASC requests for time to take instructions and to reply back. 6. Considering the above request, time is allowed. Mr. Panigrahi, learned ASC for the State is requested to take instructions and to report back on the next date for final orders. 7. Extra copy of the writ petition with all annexures is requested to be served on the State in course of the day. 8. List on 22nd July, 2024 for final hearing and orders under the heading of ‘Fresh Admission’. (R.K. Pattanaik) Judge I.A. No.8423 of 2024 1. Heard Mr. Mohapatra, learned counsel for the petitioners and Mr. Panigrahi, learned ASC for the State. 2. Instant petition is filed for staying operation of the impugned order under Annexure-1 and also Annexure-2 series till disposal of the writ petition. p. 3 3. Though, the Court is not inclined to stay the impugned order but it is observed that the effect of Annexure-1 and Annexure- 2 series shall be subject to result in the writ petition. It is further directed that in case any exigency arises, there shall be no coercive action taken against the petitioners till the next date. 4. List on the date fixed. (R.K. Pattanaik) Judge TUDU