WA/1582/2025 of STATE OF ODISHA Vs SITARAM BEHERA on 15 July 2026

ORDER

15.07.2026

01. State and its officials are before this Court in an Intra- Court Appeal for laying a challenge to a learned Single Judge’s order dated 16.05.2025 whereby Respondent-employee’s W.P.(C) No.8236 of 2024 having been favoured, the following direction for regularization of service has been issued:

“23. In the aforesaid factual as well as legal background, this Court has no hesitation to quash the order dated 02.02.2024 under Annexure-6 and the same is hereby quashed. Further, while allowing the present writ petition, this Court directs the Opposite Party No.2 to regularize the service of the Petitioner by absorbing him against any Group-D vacant post. However, in the event no sanctioned posts are available, a supernumerary post be created to absorb the Petitioner with further liberty that the same shall be abolished on retirement of the Petitioner. Further, the entire period of service of the Petitioner be counted towards his continuity in service, seniority and for calculating the qualifying period for determining his retiral as well as pensionary benefits.

24. It is further needless to direct that upon such regularization/absorption of the service of the Petitioner, the Petitioner shall be paid all consequential and financial benefits as is due and admissible to him. Let the aforesaid exercise be carried out within a period of three months from the date of communication of a certified copy of this judgment.

25. Accordingly, the writ petition is allowed. However, there shall be no order as to costs.”

2. Learned AGA, Mr. Panda in his usual style, vehemently argues that the learned Single Judge grossly erred in not noticing that there is already a public scheme involved in the light of the policy and that the Respondent-employee does not fit into its frame and therefore, the interference of this Court is eminently warranted.

3. Per contra, learned counsel appearing for the Respondent- employee presses into service our decision in the Writ Appeal No.48 of 2025 between State of Odisha and another v. Ashok Kumar Mohanty & another, disposed off on 21.04.2026 in favour of the employee of the same kind. In the said judgement, we have noticed the postulates laid down by the Hon’ble Apex Court in Prem Chand v. State of Punjab, 2026 LiveLaw (SC) 394 as to how the claim for regularization/absorption of kind should be treated.

4. Having heard learned counsel for the parties and having perused the Appeal papers, we decline our indulgence in the matter, broadly agreeing with the submission of the learned counsel for the Respondent-employee, in the light of our decision in Ashok Kumar Mohanty (supra). However, we make it clear as rightly submitted by learned AGA that the Petitioner’s case shall be treated for regularization treating it as fitting into the frame vide Financial Department Resolution dated 04.09.2012; only to that extent the order of the learned Single Judge needs to be tweaked. In respect of the rest, it remains intact.

In the above circumstances, and with the above observation, the Writ Appeal is disposed off directing the Appellants to regularize the service of the Respondent-employee within four weeks in terms of the Financial Department Resolution dated 04.09.2012 as has been done in similar case and to pay all consequential benefits flowing therefrom within four weeks thereafter.

(Krishna S. Dixit)

Judge

(Chittaranjan Dash) Judge

AK Pradhan/Priyanka Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 17-Jul-2026 10:43:16 Signature Not Verified