Orissa High Court
Swadhin Kumar Srichandan vs State Of Odisha & Ors. ..... Opposite ... on 6 August, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 21675 of 2025
Swadhin Kumar Srichandan ..... Petitioner
Mr. R. Roy, Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. M.R. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
06.08.2025
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:-
"In view of the above stated facts and circumstances,
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 in the post of Peon
(Class-IV) lying vacant in the office of the Panchayat
Samiti, Banpur in the District of Khordha shall not be
regularized with all consequential service benefits,
keeping in view the judgment of the Hon'ble Supreme
Court of India in the case of Jaggo vs. Union of India &
Ors. decided on 20.12.2024 in Civil Appeal No. 14831 of
2024 and 14832 of 2024 and in the case of Shripal & Anr.
Vrs. Nagar Nigam, Ghaziabad decided on 31.01.2025 in
Civil Appeal No.8157 of 2024,
And if the Opp. Parties fail to show cause or show
insufficient cause this Hon'ble Court may make the said
rule absolute by directing the Opp. Parties to regularize
the service of the Petitioner in the post of Peon (Class-IV)
in the office of the Panchayat Samiti, Banpur in the
District of Khordha with all consequential service
benefits, keeping in view the judgment of the Hon'ble
Supreme Court of India in the case of Jaggo vs. Union of
India & Ors, decided on 20.12.2024 in Civil Appeal No.
14831 of 2024 and 14832 of 2024 and in the case of
Shripal & Anr. Vrs. Nagar Nigam, Ghaziabad decided
on 31.01.2025 in Civil Appeal No.8157 of 2024,
AND further be pleased to issue any other appropriate
writ/writs, rule/rules or order/orders, direction/directions
as may be deemed fit and proper in the interest of justice,
AND for which 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.4 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. 4 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. 4 be communicated to the Petitioner.
6. With the aforesaid observation and direction, the Writ Petition is
disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Jyoti
Location: HIGH COURT OF ORISSA
