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2025 DAILYLAW 71982 (ORI)

PRAMOD KUMAR NAYAK v. STATE OF ODISHA

WP(C)/3370/2023 · 2025-10-15

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3370 of 2023 Pramod Kumar Nayak …. Petitioner Mr. J.K. Rath, Sr. Advocate along with Mr. D.N. Rath, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. A. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 15.10.2025 15. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Even though the present Writ Petition has been filed inter alia challenging the position of the Petitioner in the final gradation list published as against the post of Junior Stenographer so published under Annexure-9, but in course of hearing, learned Senior Counsel appearing for the Petitioner fairly contended that unless and until the date of regularization of the Petitioner so issued vide order dtd.27.11.2022 under Annexure-4 and further order passed on 15.12.2022 under Annexure-6 is antedated by Opposite Party No.2, Petitioner can get the relief as prayed for. 4. It is accordingly contended that liberty be given to the Petitioner to move Opposite Party No.2 to ante-date his date of regularization to 03.01.2000 when, Petitioner was so appointed vide Order No.10 dtd.03.01.2000 of the Collector, Jagatsinghpur. 4.1. It is also contended that Opposite Party No.2 be directed to take a decision with regard to the prayer to be made by the Petitioner to ante-date his date of regularization and placement in the final gradation be made subject to the final outcome of the decision to be taken by the Collector, Jagatsinghpur. 5. Learned Addl. Government Advocate for the State has no serious objection to the course of action proposed by the learned Senior Counsel appearing for the Petitioner. 6. Having heard learned counsel appearing for the Parties, considering the submissions made and since it is found that Petitioner has been regularized w.e.f. 27.11.2022 vide order dtd.15.12.2022 under Annexure-6 in furtherance of the earlier order passed by Opposite Party No.2 on 27.11.2022 under Annexure-4 and date of regularization of the Petitioner has not yet been ante- dated in consideration of any application made in that regard, this Court while disposing the Writ Petition grants liberty to the Petitioner to move Opposite Party No.2 to consider his grievance with regard to ante-dating the date of regularization. 6.1. It is observed that if any such application will be moved before Opposite Party No.2 within a period of ten (10) days from today, Opposite Party No.2 shall take a lawful decision on the same by giving a personal hearing to the Petitioner within a period of four (4) weeks thereafter. Placement of the Petitioner in the final gradation list published on 07.01.2023 under Annexure-9 shall be subject to the decision to be taken by the Collector, Jagatsinghpur-Opposite Party No.2 as directed. 7. With the aforesaid observation and direction, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Subrat Judge