IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12841 of 2026 Prakash Kumar Mishra …. Petitioner Mr. B.S. Tripathy, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. A.Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 05.05.2026 01. 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 listed under the heading of fresh Admission, but on the consent of the learned counsels appearing for the Parties, the matter was heard finally and disposed of by the present order. 4. Learned counsel appearing for the Petitioner contended that even though Petitioner continued under the Opposite Parties initially as a NMR and thereafter in the work-charged establishment and lastly in the regular establishment, but since Petitioner was regularized only vide office order dtd.11.08.2021 under p. 2 p. 2 Annexure-4 and retired from service on attaining the age of superannuation on 31.05.2024, Petitioner was not held eligible to get the benefit of pension and other pensionary benefits in terms of the provisions contained under OCS (Pension) Rules, 1992. 4.1. Learned counsel appearing for the Petitioner placing reliance on the judgment delivered by this Court on 07.03.2026 in W.P.(C) Nos.248 & 289 of 2026, contended that the issue is no more res-integra and Petitioner’s claim is required to be considered in the light of the judgment dtd.07.03.2026. 5. Learned Addl. Government Advocate for the State also does not dispute the judgment delivered by this Court on 07.03.2026 in W.P.(C) Nos.248 & 289 of 2026 (Kailash Chandra Panda vs. State of Odisha & Ors). 6 Having heard learned counsel appearing for the Parties, considering the submissions made and placing reliance on the judgment passed by this Court on 07.03.2026 in W.P.(C) Nos. 248 & 289 of 2026, this Court while quashing the impugned order dtd.16.02.2026 so issued by Government- Opposite Party No.1 under Annexure-12, directs the said Opposite Party to take a fresh decision taking into account the ratio decided in the case of Kailash Chandra Panda vs. State of Odisha & Ors. so cited p. 3 p. 3 (supra). This Court directs Opposite Party No.1 to take a fresh decision within a period of six (6) weeks from the date of receipt of this order. Petitioner is permitted to provide a copy of this order along with the judgment passed in W.P.(C) Nos. 248 & 289 of 2026 before Opposite Party No.1 for compliance. 7. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat