Orissa High Court

WP(C)/27644/2026 of KANDHA BEHERA Vs STATE OF ODISHA on 29 August 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27644 of 2026 CNR No. ODHC010654632026 Kandha Behera …. Petitioner Mr. K.P.Dash, Advocate(Berhampur) -versus- State of Odisha and Ors. …. Opposite Parties Mr. S.N.Nayak, ASC CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 29.08.2026

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27644 of 2026

CNR No. ODHC010654632026

Kandha Behera

….

Petitioner

Mr. K.P.Dash, Advocate(Berhampur)

-versus-

State of Odisha and Ors.

….

Opposite Parties

Mr. S.N.Nayak, ASC

CORAM:

SHRI JUSTICE B. P. ROUTRAY

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ORDER

29.08.2026 Order No.

01.

1. The matter is taken up through hybrid mode.

2. Heard Mr. Dash, learned counsel for the Petitioner through Virtual Mode (Berhampur) and Mr. Nayak, learned ASC for the State.

3. The Petitioner is serving as Level-IV teacher and as per the gradation list dated 1st July 2026, he is placed above Opposite Party No.5. But subsequently, while asking for clearance regarding departmental proceeding, vigilance cases etc., the name of the Petitioner appears below the name of Opposite Party No.5 in the list so furnished by the Department to the concerned authorities. As such, it is apprehended on the part of the Petitioner that his seniority has been superseded by Opposite Party No.5.

4. Since the name of the Petitioner appears above Opposite Party No.5 in the gradation list, no cause of action is seen in favour of the Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2026 13:59:33 Signature Not Verified

Petitioner to apprehend regarding supersession of his seniority by Opposite Party No.5, and present writ petition is seen to be a premature one at this stage.

5. Accordingly, the writ petition is disposed of granting liberty to the petitioner to approach, in the event further cause of action survives in his favour.

6. An urgent certified copy of this order shall be issued on proper application.

(B.P. Routray)

Judge

S.Das Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2026 13:59:33 Signature Not Verified

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