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2026 DAILYLAW 11284 (ORI)

KAMALENDU BIKASH DASH SHARMA v. STATE OF ORISSA

WP(C)/4448/2026 · 2026-02-11

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4448 of 2026 Kamalendu Bikash Dash Sharma ..... Petitioner Represented by Adv. - Pitambar Panda -versus- State Of Orissa & Ors. ..... Opposite Parties Represented by Adv. – U.C. Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 11.02.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is, therefore most humbly prayed that this Hon'ble Court may be graciously pleased to admit this writ petition, issue rule Nisi calling upon the 0pp. Parties to show cause as to why the 0pp. Parties shall not be directed to quash the termination order and allowing all consequential service benefits as entitled upon showing insufficient cause/no cause, issue the writ of mandamus Page 2 of 3. directing the 0pp. Parties to regularize the service of the petitioner and allow class-Ill scale of pay with consequential service benefits and extending the service benefits from the date of initial appointment In consonance to order dtd. 03.09.2013 passed In O.A No. 1551 of 2011 and order of the Hon'ble apex court vide order dtd. 12.11.2025 while quashing the departmental proceedings as drawn vide order dtd. 27.04.2021 under Annexure-9, and released the all entitlement of arrear salary pursuant to order dtd. 11.12.2025 of Hon'ble Apex court. And may further be pleased to pass such other order and issue the writ of Certiorari in quashing the order No. dtd. 27.04.2021 under annexure-9 of the District Education officer, Balasore, for noncompliance of the order dtd.03.09.2013 & arbitral action of the opposite parties. And, order/ orders as deemed just and proper.” 4. The sole grievance of the Petitioner in the present writ application is that although the Petitioner has preferred an appeal before Director, Secondary Education, Odisha, Opposite Party No.2 by filing an appeal dated 17.05.2021 at Annexure-10 against the order dated 27.04.2021 at Annexure-9 passed by the D.E.O., Balasore, however, the appellate authority sitting over the matter for last several years. Being aggrieved by such inaction of the appellate authority to consider and dispose of the appeal of the Petitioner, the Petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the State on the other hand contended that he has no specific instruction in the matter, however, in the event it is found that the appeal is pending before the appellate Page 3 of 3. authority, he will have no objection in the event this Court directs the appellate authority to consider and dispose of the appeal in accordance with law within a stipulated period of time. 6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.2 to consider the appeal of the Petitioner under Annexure-10 within a period of eight weeks from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the appeal of the Petitioner under Annexure-10 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.2 be also communicated to the Petitioner within ten days thereafter. 7. With the aforesaid observation/ direction, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer