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2025 DAILYLAW 879 (ORI)

SARAT KUMAR UPADHYAY v. STATE OF ODISHA

WP(C)/33212/2025 · 2026-01-12

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 33212 of 2025 Sarat Kumar Upadhyay ..... Petitioner Mr. K.P. Mishra, Sr. Advocate along with Mr. A. Mishra, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. P.K. Panda, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 12.01.2026 Order No. 04 1. This matter is taken up through hybrid mode. 2. Heard Mr. K.P. Mishra, learned Sr. Counsel appearing for the Petitioner along with Mr. A. Mishra, learned counsel and Mr. P.K. Panda, learned Addl. Standing Counsel appearing for the Opp. Parties. 3. The present writ petition has been filed inter alia challenging the order passed by Opp. Party No. 2 on 07.11.2025 under Annexure-6. 4. It is contended that Collector-Opp. Party No. 2 is not the competent authority to pass an order of deputation deputing the Petitioner to work at Bhograi Block. It is also contended that Petitioner is in the fag end of his service career and he is going to retire on attaining the age of superannuation on 31st March, 2026. 4.1. Learned Sr. Counsel appearing for the Petitioner further contended that on instruction a submission was also made that the impugned order has been passed by an incompetent authority and Page 2 of 2. Govt. is looking into the matter, to pass a fresh order. But no order has yet been passed by Opp. Party No. 1. Reliance was placed to order dt.17.12.2025, which reads as follows:- “2. Pursuant to order dtd.24.11.2025, learned Addl. Standing Counsel on instruction contended that in fact the impugned order has been passed by an incompetent authority. It is also contended that Govt. is looking into the matter and a fresh order will be passed. 3. In view of the instruction so provided, list this matter in the week commencing 12th January, 2026. 4. Interim order passed earlier shall continue till the next date.” 5. Learned Addl. Standing Counsel on the other hand though admits that the order passed under Annexure-6 has been passed by an incompetent authority, but fairly contended no further order has been passed by the Govt. as yet in terms of the instruction. 6. Having heard learned counsel appearing for the Parties, considering the submission made and the stand taken in the instruction, so reflected in order dtd.17.12.2025, and since no further order has been passed by the Govt. as yet, considering the stand that Petitioner is going to retire on 31.03.2026, this Court while quashing the order passed on 07.11.2025 under Annexure-6, permits the Petitioner to continue in his present place of work till he attains the age of superannuation. 7. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha