IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.11292 of 2026 Sankha Chandra Tudu …. Petitioner Mr. G.R. Sethi, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. S. Das, ASC COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 23.04.2026 1. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia with the following prayer: In view of the foregoing, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to: 1. Quash /Modify the impugned order dated 11.12.2025 passed by O.P. No.1 under Annexure-12 to the extent it denies the Petitioner's seniority, promotion and consequential benefits arising from continuity of service, 2. Direct the Opp. Parties more particularly to O.P.No.2 to clarify the impugned order dated 11.12.2025 under Annexure-12 with regard to the consequences of continuity of service on promotion, seniority, in and other consequential benefits accordance with the order dated 23.10.2025 passed by this Hon'ble Court in W.P.(C) No. 28127/2022 and the directions of the Hon'ble Supreme Court. 3. Direct the Opposite Parties to grant the Petitioner promotion to the next higher rank, along with all consequential service benefits by treating the service from the date of initial appointment. 4. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. And for which act of kindness the Petitioner as in duty bound shall ever pray. 4. It is contended that on the face of the order passed by this Court in W.P.(C ) No.28127 of 2022 under Annexure-10 and the order passed by the Hon’ble Apex Court under Annexure-5, so relied on by this Court in its order under Annexure-13, Opp.party No.2 while carrying out the direction, implementing the same has rejected the claim of the Petitioner to get the benefit of promotion, without taking into account the services rendered by the Petitioner, prior to his regularization vide order dt.30.05.2020. 4.1 Learned counsel appearing for the Petitioner contended that, similar order passed by this Court in W.P.(C ) N.34532 & 34535 of 2022 relying on the order passed in W.P.(C ) No.25898 of 2022, has been implemented in a different way and Petitioner in W.P.(C ) No.34532 of 2022 while being allowed continuity in service, has got the benefit of promotion vide order dt.26.03.2026 of the self- same Collector, Jagatsinghpur-Opp. party No.2. It is accordingly contended that since similar order while being implemented by Opp. party No.2, Petitioner therein have been extended with the benefit of promotion relying on the order passed by the Apex Court under Annexure-5, claim of the Petitioner could not have been rejected on the ground indicated in the impugned order dt.11.12.2025 under Annexure- 12. It is accordingly contended that Opp. party No.2 be directed to take a fresh decision, taking into account the benefit extended in favour of the Petitioner in W.P.(C ) No.34532 of 2022. 5. Learned Addl. Standing Counsel on the other hand contended that since order passed by this Court in W.P.(C ) No.3589 of 2024 has been implemented with passing of the order under Annexure-12, he be allowed to file a counter affidavit justifying the same. 6. Having heard learned counsel appearing for the parties and considering the submission made, this Court finds that W.P.(C ) No.28127 of 2022 was disposed of vide order dt.23.10.2025 under Annexure-10 with a direction on Opp. party No.2 to take a fresh decision on the claim of the Petitioner to get the benefit of continuity in service in terms of the order passed by the Apex Court under Annexure-5. While implementing the said order with passing of the impugned order under Annexure-12, Opp. party No.2 though accepted that Petitioner is eligible to get the benefit of continuity in service, but rejected the claim of the Petitioner to get the benefit of promotion, without taking his initial date of joining, in terms of the order passed by the Apex Court. 6.1. However, it is found that self-same Opp. party No.2 while implementing similar order passed by this Court in W.P.(C ) No.34532 of 2022 not only allowed continuity in service, but also extended the benefit of promotion vide order dt.26.03.2026. (Copy of order dt.26.03.2026 and order passed by this Court in W.P.(C ) No.34532 of 2022 so produced in Court be kept on record). 6.2. Since it is found that Opp. party No.2 on similar claim has passed two (2) different orders, and has extended the benefit of promotion, relying on the self-same order of the Apex Court under Annexure-5, it is the view of this Court that claim of the Petitioner requires a re-consideration, so far as extension of the benefit of promotion is concerned. 6.3. Accordingly, this Court while disposing the Writ Petition directs Opp. party No.2 to take a fresh decision, so far as claim of the Petitioner is concerned to get the benefit of promotion, taking into account the order passed in W.P.(C) No.34532 of 2022 and order passed on 26.03.2026, in extending the benefit of promotion in favour of the Petitioner therein. 6.4. This Court directs Opp. party No.2 to take a fresh decision within a period of 8(eight) weeks from the date of receipt of this order with due communication to the Petitioner. Petitioner is directed to provide a copy of this order along with copy of the order passed in W.P.(C) No.34532 of 2022 and order dt.26.03.2026 before Opp. Party No.2 for compliance. 7. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge sangita