Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15375 of 2026
Kambupani Mishra
….
Petitioner Mr. R.K. Tripathy, Adv.
-versus-
State of Odisha and Others
….
Opp. Parties Mr. S.P. Das, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No
ORDER 20.05.2026
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Parties.
3. Petitioner has filed the present Writ Petition with
the following prayer:-
“In the aforesaid facts and circumstances, it is therefore most humbly prayed that this Hon'ble Court may graciously be pleased to:
a) Issue an appropriate writ, order or direction declaring that the order of dismissal dated 28.03.2007, having been passed solely on the basis of a conviction which now stands set aside by this Hon'ble Court, is illegal, unsustainable and non est in the eye of law;
b) Direct the Opposite Parties to treat the petitioner as having been in continuous service notionally from the date of dismissal till the date of his superannuation, with all consequential service benefits;
c) Direct the Opposite Parties to grant the petitioner all consequential service benefits, including notional fixation of pay from time to time, grant of increments, revision of pay under applicable pay revisions and continuity for the purpose of pension and retiral benefits;
d) Direct the Opposite Parties to consider and grant the petitioner notional promotional benefits, as would have been due in the normal course of service, along with corresponding pay fixation and consequential benefits;
e) Direct the Opposite Parties to release all retiral and pensionary benefits, including pension (regular and arrears), gratuity, leave encashment and any other admissible dues within a time- bound period to be fixed by this Hon'ble Court;
f) Direct payment of arrear salary and monetary benefits, either fully or to such extent as this Hon'ble Court may deem fit, along with interest at a reasonable rate, for the inordinate and unexplained delay;
g) Direct the Opposite Parties to re-fix pension and all retiral dues by taking into account notional service, increments and promotional benefits;
Pass such other
order(s), writ(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice..”
4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.
5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.2 shall do well to take a lawful decision on the same within a period of three months
from the date of receipt of such representation. The order so passed by the Opp. Party No.2 be communicated to the petitioner within the aforesaid time period.
6. With the aforesaid observation and direction, the Writ Petition is disposed of.
(Biraja Prasanna Satapathy)
Judge Basudev