WP(C)/7118/2016 of ASWINI KUMAR BEBARTA Vs GOVT OF ODISHA,MSME DEPT,BBSR on 17 August 2026

ORDER

17.08.2026

16. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) 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 aforesaid facts and circumstances of the case, this Hon'ble Court may graciously be pleased to;

i) quash the impugned order as at Annexure-9 in so far as the petitioners are concerned and thereby direct the authorities to pay the Grade Pay of Rs. 4600/- to the petitioners;

ii) pass such order/orders as deem fit and proper;

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And, for this act of kindness the petitioners as in duty bound shall ever pray..”

4. It is contended that the impugned order so passed under Annexure-9 was also the subject matter of challenge before this Court in W.P.(C) No.7491 of 2016. This Court vide order dtd.17.05.2023 quashed the impugned order so far as it relates to the Petitioners in the said Writ Petition.

4.1. It is further contended that the order passed on 17.05.2023 was upheld by this Court with dismissal of the writ appeal in Writ Appeal No.2396 of 2023.

4.2. It is also fairly contended that challenging the order passed in the writ appeal, though Opposite Party Nos.2 and 3 moved the Hon’ble Apex Court in Civil Appeal No.874 of 2024, but no interim order has been passed by the Hon’ble Apex Court in the said appeal.

4.3. It is accordingly contended that the Writ Petition be disposed of in the light of the order passed by this Court on 17.05.2023 in W.P.(C) No.7491 of 2016 with quashing of the impugned order under Annexure-9 so far as it relates to the Petitioner.

5. Learned counsel appearing for Opposite Party Nos.2 and 3 though does not dispute the contention raised by the learned counsel appearing for the Petitioners, but contended that in the appeal so pending before the Hon’ble Apex Court, the present

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Petitioners have also made their appearance and the appeal is fixed to tomorrow (18.08.2026) for hearing.

5.1. It is accordingly contended that since the issue is pending before the Hon’ble Apex Court, this Court may keep the matter pending till disposal of the appeal.

6. Learned counsel appearing for the Petitioners at this point of time contended that, the Writ Petition be disposed of in the light of the judgment dtd.17.05.2023, but the same shall be subject to final outcome of the appeal.

7. Having heard learned counsel appearing for the Parties, considering the submissions made and since it is not disputed that the impugned order, which was the subject matter of challenge in W.P.(C) No.7491 of 2016 has been interfered with by this Court in its judgment dtd.17.05.2023, so confirmed in the Writ Appeal No.2396 of 2023, this Court is inclined to dispose of the Writ Petition with quashing of the impugned order under Annexure-9 in the light of the judgment dtd.17.05.2023 so far as it relates to the Petitioner.

7.1. However, it is observed that quashing of the impugned order under Annexure-9 so far as it relates to the Petitioner, shall be subject to final outcome of the appeal so pending before the Hon’ble Apex Court in Civil No.874 of 2024.

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8. Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Subrat

Judge Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Aug-2026 17:50:44 Signature Not Verified