Orissa High Court
Ankura Mahanta vs State Of Odisha And .... Opposite ... on 1 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.18986 of 2025
Ankura Mahanta .... Petitioner
Represented by Adv.-
Mr. L. Mohanty, Advocate
-versus-
State of Odisha and .... Opposite Parties
others Represented by Adv.-
Mr. U.C. Behura, AGA
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
ORDER
01.08.2025
Order No.
02.
Petitioner is knocking at the doors of the Writ Court with the
following prayers:
"It is, therefore, prayed that this Hon'ble Court may graciously
be pleased to issue notice to the opp. Parties calling upon them
to file show cause as to why:-
i) A direction shall not be issued to approve the service of the
petitioner against the post of T.G. Teacher of Balama Andheri
High School w.e.f. 1.1.2004 as per the Judgment of State
Education Tribunal dated 19.2.2022 passed in G.I.A. Case No.
24/2006 under Annexure-7 which was confirmed by this
Hon'ble Court in F.A.O.no. 330 of 2023 dated 18.10.2023 under
Annexure-8 and release all his arrears till his superannuation
dated 30.4.2025 and thereafter release his pension and
pensionary benefits w.e.f. 1.5.2025;
ii) And after the parties be pleased to direct the Opp. Parties to
approve the service of the petitioner w.e.f 1.1.2004 under G.I.A.
Order 2004 and release all his arrear dues including enhanced
salary from time to time released by Opp. Party No.1, till his
superannuation dated 30.4.2025 and thereafter release his
pension and pensionary benefits;
And pass any other order/orders, direction/directions as deemed
fit and proper,
And for which act of kindness, the petitioner shall as in duty
bound, ever pray."
Prayers are not happily worded. Be that as it may.
2. Learned counsel appearing for the petitioner, having argued the
matter, now agrees with the proposal of this Court that the petitioner's
Execution Case No.7 of 2023 (arising out of GIA Case No.24 of 2006)
pending before the State Education Tribunal, Bhubaneswar itself can be
directed to be disposed of in a time bound way. With this proposal,
learned AGA is also agreeable.
3. The Apex Court in Rahul S. Shah v. Jitendra Kumar Gandhi,
(2021) 6 SCC 418, has also held that all execution proceedings should be
disposed of within an outer limit of one year, inasmuch as right to speedy
justice is a facet of Article 21 of the Constitution of India.
In view of the above, this writ petition is disposed of directing
learned Judge of the Executing Court to dispose of Execution Case No.7
of 2023 (arising out of GIA Case No.24 of 2006) pending before the State
Education Tribunal, Bhubaneswar within an outer limit of six(6) months
and report compliance to the Registrar(General) of this Court. Non-
compliance may result into an adverse entry being made in the service
register of the concerned Judge. All contentions are kept open.
Signed by: PRASANT KUMAR SAHOO Judge
Designation: PERSONAL ASSISTANT
Reason: AUT Prasant
Location: Orissa High Court
Date: 01-Aug-2025 19:55:46
