Orissa High Court

WP(C)/23989/2024 of BIRENDRA KUMAR MISHRA Vs STATE OF ODISHA on 20 August 2026

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HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23989 of 2024 CNR No.ODHC010623332024 Birendra Kumar Mishra …. Petitioner Mr. P.K. Mohapatra, Adv. -versus- State of Odisha & Ors. …. Opposite Parties Mr. A . Tripathy, AGA COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.23989 of 2024

CNR No.ODHC010623332024

Birendra Kumar Mishra

….

Petitioner

Mr. P.K. Mohapatra, Adv.

-versus-

State of Odisha & Ors.

….

Opposite Parties

Mr. A. Tripathy, AGA

COROM:

THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY

Order No

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ORDER

20.08.2026

2. 1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel appearing for the parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:- “It is therefore, humbly prayed that this Hon'ble Court may graciously be pleased to:- i). direct the opp. parties to regularise him in service for a day prior to his superannuation notionally and grant pension and pensionary benefits under the old rule taking into consideration his initial date of appointment 01.07.2010 and long period of 32 years of service as has been given to Sarbeswar Bhujabal, Pitambar Sahoo, Jibardhan Bag and others in the light of the decision in the case of Sarbeswar Bhujabal v. State of Odisha, O.A.No. 606/2015, which has been affirmed in W.P.(c) No. 7680/2019, decided on 15.11.2019 and SLP(C)No. 7541/2020, decided vide order dt. 31.10.2022 and Narusu Pradhan O.A. No. 1189(c)/2006, which has been affirmed in W.P.(C) No. 5377 of 2010, vide order dt. 19.12.2011 and SLP in Civil Appeal No. 22498 of 2012, vide order dt. 07.01.2013 and State of Odisha vrs. Pitambar Sahoo, W.P.(c) No. 24041/2017 (decided 20.12.2017), which has been affirmed in SLP© Diary No.30806/2018 and Chandra Nandi v. State of Odisha and others W.P.(C) No.19550 of 2011(decided on 03.02.2021), which has been affirmed by the Hon'ble Supreme court vide order dt. 06.05.2022 SLP(c) No. 21180/2021, Jibardhan Bag v. State of Odisha & others W.P (C) No. 25502 of 2014, decided on 13.07.2022 by a Division Bench of this Hon'ble court, which has been affirmed by the Hon'ble Supreme court SLP(CIVIL) Diary No. 5867 of 2023 disposed of vide order dated 24.02.2023, State of Orissa and others vrs. Jyostna Rani Patnaik and others, W.P.(C) No. 1534/2008 and the benefits given to similarly situated persons vide Annexure-6; ii). Pass such other order (s)/direction(s) as would be deem fir and proper in the bonafide interest of justice; And for which act of your kindness, the petitioner as in duty bound shall ever pray.”

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.

5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 1 shall do well to take a lawful decision on the same within a period of three (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 1 be communicated to the Petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy)

Judge Mili Digitally Signed Signed by: MILI MAHARANA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Aug-2026 14:34:45 Signature Not Verified

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