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2025 DAILYLAW 79652 (ORI)

MADHU SUDAN MANDAL v. STATE OF ODISHA

WP(C)/25886/2025 · 2025-12-15

Dixit K S

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25886 of 2025 Madhu Sudan Mandal and others …. Petitioners Mr. K.K. Swain, Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. J.K. Khandayatray, ASC CORAM: JUSTICE DIXIT KRISHNA SHRIPAD Order No. 02. ORDER 15.12.2025 The short grievance of all these Petitioners in these connected petitions is for an order to direct the consideration of their representations, wherein they have sought for counting of their pre- regularization service for the purpose of pension and other terminal benefits. 2. Learned counsel for the Petitioners submits that in the light of latest decision of the Apex Court reported in S.D. Jayaprakash v. Union Of India, 2025 INSC 594 vividly expressed in favour of the contention of the Petitioners and therefore, the subject representations have to meet their fate at the hands of OP No.1 keeping in view the law declared by the Apex Court in the said decision. In all fairness, counsel also submits that the other decisions cited in the representations are pending before the Apex Court for consideration in SLP(C). Be that as it may. 3. Learned ASC appearing for the OPs agrees with the proposal of this Court that OP No.1 shall consider the subject representations p. 2 of the Petitioners keeping in view the Apex Court decision in S.D. Jayaprakash (supra) and also the other decisions mentioned in the representations. He caveats that all contentions should be kept open and reasonable period be accorded for undertaking this exercise. With this stand of the State, counsel for the Petitioner is also agreeable. In the above circumstances, writ petition is disposed off. Time for consideration of the subject representation and informing result of such consideration to the Petitioner in writing, is three months. It is desirable that Petitioners shall file comprehensive fresh representations, so that taking decisions on them becomes easy in the light of Apex Court judgment. All contentions are kept open. It is open to the answering OPs to solicit any information or documents from the side of the Petitioner, as required for taking a decision on the subject representation. However, in that guise delay shall not be brooked. Now, no costs. Web copy of this order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge Anisha Designation: Jr. Stenographer