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2026 DAILYLAW 9809 (ORI)

SHASANKA MOHANTY v. STATE OF ODISHA

WP(C)/4869/2026 · 2026-02-13

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4869 of 2026 Shasanka Mohanty …. Petitioner Mr. K.C. Sahu, Adv. -versus- State of Odisha & Others …. Opp. Parties Mr. A. Tripathy, AGA CORAM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 13.02.2026 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:- “It is, therefore, prayed that your Lordships may be graciously be pleased to pass following relief(s):- (i) The Hon'ble Court be pleased to admit & allow the writ petition. (ii) The Hon'ble Court be pleased to direct the 0pp. parties for regular absorption of the service of the petitioner in the regular post of MPHW(M) from the date of completion of six years of contractual service keeping in view of the order of this Hon'ble Court being confirmed by the Hon'ble Division Bench so also the Hon'ble Supreme Court as per Annexure-5,6 & 7 (Series) so also keeping in view of the provision of "Repeal Rules 2022" under Annexure-7 by granting all consequential service and financial benefits within a time bound period for the interest of justice. (iii) The Hon'ble Court be pleased to pass any other Writ(s), Direction(s), Order(s) as this Hon'ble Court may be deemed fit and proper.” 4. It is contended that claim of the petitioner is covered by an order passed by this Court on 24.08.2022 in W.P.C(OA) No.344 of 2017 and batch confirmed by the Writ Appellate Court vide order dated 08.11.2023 in W.A. No.2299 of 2023 and so also confirmation of the same by the Hon’ble Apex Court with dismissal of the appeal vide order under Annexure-7(Series). 4.1. It is also contended that Review filed against the order passed by the Hon’ble Apex Court has also been dismissed. 5. Learned Addl. Standing Counsel on the other hand contended that since the petitioner claiming the benefit has never approached the authority, the Writ Petition is not maintainable. 6. Considering the submission made, this Court while disposing the Writ Petition, permits the petitioner to move Opp. Party No.2. It is observed that if any such application will be moved before O.P. No.2 within a period of 3 (three) weeks hence, O.P. No.2 shall take a lawful decision on the same within a period of 3 (three) months from the date of receipt of such application. It is further observed that while taking such a decision, relevancy and effect of the order passed by this Court in W.P.C(OA) No.344 of 2017 and batch be taken into consideration if it is applicable. Petitioner is directed to provide a copy of this order along with the order passed in W.P.C(OA) No.344 of 2017 and batch so confirmed by this Court as well as by the Hon’ble Apex Court. 7. The Writ Petition stands disposed of accordingly. (Biraja Prasanna Satapathy) Judge Jyoti