Binod Kumar Barik vs State Of Odisha & Ors. ..... Opposite ...
2025 Latest Caselaw 2379 Ori

Orissa High Court

Binod Kumar Barik vs State Of Odisha & Ors. ..... Opposite ... on 4 August, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                  WP(C) No. 20866 of 2025
Binod Kumar Barik             .....       Petitioner
                                                       Mr. R.C. Mishra, Advocate

                                    -versus-
State of Odisha & Ors.                 .....               Opposite Parties
                                                            Mr. M.R. Mohanty, AGA



                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

04.08.2025

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

"It is therefore, prayed that this Hon'ble court may graciously be pleased to issue rule 'NISI' calling upon the opp. parties to show cause as to why the service of the petitioner shall not be regularised from the date of his engagement/joining i.e. 01.03.2009 in the light of judgment/order dated 24.09.2022 of the Hon'ble Division Bench of this Court passed on WP(C) No.4884 of 2020 against which S.L.P. (C) No.8431 of 2023 and Review Petition (C) No.27445 of 2023 preferred by the State Government before the Hon'ble Supreme Court were dismissed on 21.04.2023 and 22.04.2025 respectively and if the opp. parties fail to show cause or show insufficient cause, make the rule absolute and issue a writ of mandamous directing the opp. parties to regularise the service of the petitioner from the date of his engagement/joining i.e. 01.03.2009 in the light of judgment/ order dated 24.09.2022 of the Hon'ble Division

Bench of this Court passed in WP(C) No.4884 of 2020 against which S.L.P.(C) No.8421 of 2023 and Review Petition(C) No.27445 of 2023 preferred by the State Government were dismissed on 21.04.2023 and 22.04.2025 respectively and to grant all service and financial benefits as accruing therefrom to the petitioner within a stipulated time and may issue any other writ/writs, order/orders, direction/ directions as to which this Hon'ble court deem just and proper for ends of justice.

And for this act of 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. 2 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. 2 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. 2 be communicated to the Petitioner.

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

(BIRAJA PRASANNA SATAPATHY) Judge

Sneha

Location: High Court of Orissa, Cuttack