Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 18097 (ORI)

LEEPI SWAIN v. STATE OF ODISHA

WP(C)/15125/2026 · 2026-05-20

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.15125 of 2026 Leepi Swain ..... Petitioner Represented by Adv. - Saubhagya Kumar Samal -versus- State Of Odisha & Ors. ..... Opposite Parties Represented by Adv. – A.Mohanty, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.05.2026 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 be graciously pleased to: i) Admit the writ petition. ii) Call for the record. iii) Issue a writ in the nature of mandamus or any other appropriate writ/writs, direction/directions by directing the opposite parties, more particularly opposite party No.2 to issue necessary order of appointment against the post of Contract Teacher Page 2 of 4. pursuant to the advertisement dated 27.10.2014 in terms of the Judgment dated 15.09.2021 passed in WPC (OAC) No.902/2016 and batch of cases which has been subsequently upheld by the Hon'ble Division Bench vide order dated 23.02.2026 in WA No.487/2024 within a reasonable time to be stipulated by this Hon'ble Court. iv) And/or pass such other order/orders, direction/ directions as this Hon’ble Court may deems fit and proper for the ends of justice.” 4. Learned counsel for the Petitioner, at the outset, contended that earlier the Petitioner approached the Orissa Administrative Tribunal by filing O.A No.475 of 2016. During the pendency of the O.A application, the Tribunal got abolished, and the O.A application was transferred to this Court and registered as WPC(OAC) No.475 of 2016. He further contended that similar O.A applications filed by similarly situated employees were also disposed of by a Coordinate Bench vide judgment dated 15.09.2021 with the lead matter being WPC(OAC) No.902 of 2016. In the connected matter, the State-Opposite Parties preferred writ appeal bearing W.A No.487 of 2024. The Hon’ble Division Bench vide a common judgment dated 23.02.2026 has been pleased to dismiss the writ appeal, as a result of which the order passed by the Coordinate Bench has been affirmed. Since the O.A application filed by the Petitioner was disposed of on 20.07.2022 at Annexure-6 and such order having not been challenged further has attained finality in the meantime, the Petitioner is entitled to the benefit as is accruing from the order of the Tribunal. Accordingly, the Petitioner has approached this Court for a direction to the Opposite Parties to implement the order dated 20.07.2022 at Annexure-6 to the writ application. Page 3 of 4. 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 order passed in the case of the present Petitioner has attained finality and no further appeal has been preferred, the Petitioner should have moved the Opposite Parties for implementation of the order instead of approaching this Court by filing the present writ application. He further raised question with regard to the maintainability of the present writ application as the earlier writ application of the Petitioner has already been allowed by the Coordinate Bench as per the order dated 20.07.2022 at Annexure-6 to the writ application. 6. Having heard the learned counsels appearing for the respective parties, on a careful examination of the factual background as well as materials on record, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.2 by filing a detailed representation taking therein all the grounds along with all supporting documents and the copies of the orders relied upon by the Petitioner. In the event, the Opposite Party No.2 comes to a conclusion that the petitioner is entitled to the relief as has been directed by the Coordinate Bench vide order dated 20.07.2022 at Annexure-6 to the writ application, such order having attained finality in the meantime, the Opposite Party No.2 shall do well to pass necessary consequential orders extending said benefit in favour of the Petitioner if there are no legal impediments to the same. Let the aforesaid exercise be carried out within a period of three months Page 4 of 4. from the date of communication of a certified copy of today’s order. 7. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer