Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10306 of 2026
Ajaya Kumar Sahu
&.
Petitioner Mr. P.K. Mohapatra, Advocate
-versus- State of Odisha & Ors.
&.
Opposite Parties Mr. S. Das, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 21.04.2026
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Petitioner has filed the present Writ Petition inter alia with the following prayer:- <The petitioner therefore prays that your Lordship may graciously be pleased to :- i) Direct the opp. parties to regularise the services of the petitioner as MPHW (M) on regular basis from the date of completion of six years of contractual service basing upon the G.A. Department circular dtd. 17.09.2013 keeping in view of regularization of similar situated contractual MPHW(m) and in the light of the decision in the case of Bikram Samantaray v. State of Odisha, WPC(OA)No.344 of 2017 and batch, has been upheld by this Hon'ble Court in W.A. No.2299 of 2023 as well as by the Hon'ble Apex Court SLP(Civil) Diary No.13472 of 2025 and thereby quash the order vide Annexure-7 and grant all consequential service and financial benefits forthwith; p. 2p. 2 ii) Pass such other order (s), direction(s) as would deem fit and proper; And for which act of kindness, the petitioner as in duty bound shall ever pray.=
4. It is contended that the issue involved is covered by an order passed by this Court in WPC(OA) No.344 of 2017 but confirmed by this Court as well as by the Hon9ble Apex Court
4.1. It is also contended that relying on the aforesaid
order, this Court vide order dtd.12.01.2026 in W.P.(C) No.34906 of 2021 and batch. While quashing the impugned rejection remitted the matter to Opposite Party No.1 to take a fresh decision in the light of the order passed in W.P.(C)(OA) No.344 of 2017. This Court in Para-6 and 6.1 of the order dtd.12.01.2026 has held as follows:-
<6. Having heard learned counsel for the parties, considering the submissions made and after going through the order passed in W.P.C(OA) No.344 of 2017 and batch, this Court is of the view that the ground on which petitioners claim has been rejected vide the impugned
order dated 05.08.2021 is no more sustainable in the eye of law.
6.1. While quashing order dated 05.08.2021 in each of the cases, this Court remits the matter to O.P. No.1 to take a fresh decision on the claim of the petitioners in the light of the order passed in W.P.C(OA) No.344 of 2017 and batch, so confirmed by this Court as well as by the Hon9ble Apex Court. Such a fresh order be passed within a period of 2 (two) months from the date of receipt of this order with due communication to the petitioners.=
5. Mr. S. Das, learned Addl. Standing Counsel for the State does not dispute the order passed by this Court on p. 3p. 3 12.01.2026 in WP(C) No.34906 of 2021 and batch and so also the order passed in WPC(OA) No.344 of 2017 so confirmed by this Court as well as by the Hon9ble Apex Court.
6. Considering the submissions made, this Court while quashing the impugned rejection so available under Annexure-7 dispose of the Writ Petition by remitting the matter to Opposite Party No.1 to take a fresh decision in the light of the order passed in WPC(OA) No.344 of 2017 within a period of two(2) months from the date of receipt of this order with due communication.
7. Accordingly, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy)
Judge Subrat