WA/1597/2024 of STATE OF ODISHA Vs DEBENDRA KANDI on 1 July 2026

ORDER

01.07.2026

01. Heard learned counsel for both the Parties. Delay is condoned. In the present batch of Writ Appeals, namely W.A. No.1595 of 2024, W.A. No.1597 of 2024, W.A. No.1623 of 2024, W.A. No.1990 of 2024, W.A. No.2230 of 2024 and W.A. No.2579 of 2024 challenge is laid to the orders passed in W.P.(C) No.33012 of 2023, W.P.(C) No.24659 of 2023,W.P.(C) No.34067 of 2023, W.P.(C) No.22189 of 2023, W.P.(C) No.24661 of 2023 and

W.P.(C) No.30001 of 2022, respectively. Since the issue involved in these Appeals are substantially similar to the one considered and disposed of in W.A. No.1384 of 2024 and connected matters, the same are taken up together for analogous disposal.

2. Learned counsel appearing for the Respondent submits that the issues arising in the present Appeals are squarely covered by the common judgment dated 06.05.2026 passed in W.A. No.1384 of 2024 and cognate matters, wherein similar Appeals preferred by the State were disposed of against the Appellants following the earlier judgment dated 26.03.2026 rendered in W.A. Nos.676, 677, 683, 686, 688, 690, 2135, 277 of 2024 and W.A. No.815 of 2025. It is contended that the principle of parity warrants identical treatment in the present matters as well.

3. We find force in the said submission. It hardly needs to be stated that cases resting on identical factual and legal foundations should receive similar treatment, the principle of parity and equality being embedded in Articles 14, 15 and 16 of the Constitution of India. No distinguishing feature has been demonstrated by the learned counsel for the Appellants-State so as to persuade us to take a different view in the present batch of Appeals.

4. It is therefore apposite to reproduce paragraphs-5 and 6 of the order passed in W.A. No.1384 of 2024 and connected matters: “5. Taking cue from the aforesaid principles, learned counsel for the Respondents contends that cases resting on identical factual and legal foundations must receive identical treatment, and that the operative directions issued in the cognate matters ought to be incorporated in the present order as well. We find substantial merit in the said submission and are in respectful agreement with the contention advanced on behalf of the Respondents. In the aforesaid circumstances, the present Appeals are disposed off in terms of the orders passed in Narusu Pradhan vs. State of Orissa (supra) and Basanti Das vs. State of Odisha (supra), and shall be governed by the same directions and consequences as expounded therein. The entire exercise of extending the benefit be completed within a period of eight weeks.”

5. In view of the above and applying the very same reasoning, the present Writ Appeals, namely W.A. No.1595 of 2024, W.A. No.1597 of 2024, W.A. No.1623 of 2024, W.A. No.1990 of 2024, W.A. No.2230 of 2024, W.A. No.2579 of 2024 stand disposed of in the same terms and with the directions as contained in the order passed in W.A. No.1384 of 2024 and connected matters. The Appellants shall implement the orders impugned herein within an outer limit of eight (8) weeks from the date of this order. All pending I.A.s in each of the Writ Appeal are also disposed of accordingly. Web copy of this order be acted upon by all concerned.

(Krishna S. Dixit)

Judge

(Chittaranjan Dash) Judge

Madhusmita Digitally Signed Signed by: MADHUSMITA MALLICK Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 02-Jul-2026 15:17:35 Signature Not Verified