Narahari Patra vs State Of Odisha And
2025 Latest Caselaw 10941 Ori

Orissa High Court

Narahari Patra vs State Of Odisha And on 2 December, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK

     W.P.(C) No.33652 of 2022 & W.P.(C) Nos.3776, 4156,
        4660, 4664, 6480, 6482, 6634 & 7801 of 2024


       Narahari Patra                            ....                      Petitioner
                                                           Mr. L.K. Mohanty, Advocate


                                                  -versus-
       State of Odisha and
       Others                                    ....                   Opp. Parties
                                                              Mr. C.K. Pradhan, AGA


                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                     ORDER

02.12.2025 Order No

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. It is contended by the learned counsel appearing for the petitioner that all the petitioners though are continuing on contractual basis since 2007 onwards, but on the face of the Resolution issued by the Govt. on 17.09.2013 and 16.01.2014, when they were not regularized, they approached this Court by filing separate Writ Petitions. This Court when directed for consideration of their claim, though on a wrong motion that their claim has been recommended by the Director, such claim of the petitioners has been rejected by the Opp. Party No.2 on the ground that since petitioners are not continuing in a regular vacant post, their claim is not covered in terms of // 2 //

the judgment passed by the Hon'ble Apex Court in the case of Secretary, State of Karnataka vs. Uma Devi (3), (2006) 4 SCC-1,

4. It is the view of this Court that since petitioners were engaged on contractual basis in the year 2007, their claim should have been considered in the light of the Resolution issued by the G.A. and P.G. Department on 17.09.2013 and subsequent Resolution on 16.01.2014.

5. Even though notice of the Writ Petition has been issued since 21.12.2022, but no counter affidavit has been filed as yet.

6. However, considering the request made by the learned Addl. Govt. Advocate that counter affidavit will be filed before the next date positively, list this matter in the week commencing 12.01.2026.

If no counter affidavit will be filed before the next date, appropriate order will be passed on the claim of the petitioners.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack