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Orissa High Court
Ranjan Kumar Giri vs State Of Odisha & Ors. ..... Opposite ... on 4 December, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) Nos. 39107 & 35699 of 2023
WP(C) No. 39107 of 2023
Ranjan Kumar Giri ..... Petitioner
Mr. N. Lenka, Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. A. Tripathy, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
04.12.2025
1. This matter is taken up through hybrid mode.
2. Heard Mr. N. Lenka, learned counsel appearing for the Petitioner
and Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for
the Opp. Parties.
3. Even though the present writ petition has been filed with a prayer
to direct the Opp. Parties to regularize the services of the Petitioner
from his initial date of appointment i.e.19.12.2011 with all
consequential service and financial benefits, but in course of hearing
learned counsel appearing for the Petitioner confines his prayer only
with regard to taking the benefit of seniority on notional basis.
3.1. In support of his submission Mr. N. Lenka, learned counsel
relies on a decision of the Apex Court in the case of S.D.
Jayaprakash & Ors. etc. Vs. The Union of India & Ors. (SLP(C)
Nos. 19539-19540 of 2021 and another decision in the case of State
of Himachal Pradesh & Anr. Vs. Sheela Devi (SLP(C) No. 10399
of 2020).
3.2. It is accordingly contended that appropriate order be passed to
extend the benefit of seniority for the period Petitioner continued as
a contractual employee on notional basis instead of antedating the
date of regularization with all consequential service and financial
benefits.
4. Learned Addl. Govt. Advocate has no serious objection to the
course of action proposed by the learned counsel appearing for the
Petitioner.
5. Having heard learned counsel appearing for the Parties,
considering the submission made and the fact that Petitioner now
confines his prayer only to get the benefit of seniority for the period
he discharged his duty as contractual period on notional basis, this
Court grants liberty to the Petitioner to make a fresh application
before Opp. Party No. 1 to get the benefit of seniority from the date
he was so appointed on contractual basis on notional basis.
5.1. It is observed that, if any such application is moved within a
period of three (3) weeks hence before Opp. Party No. 1, the said
Opp. Party 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
application. While taking such a decision, relevancy and effect of
the judgment so cited (supra) be taken into consideration, if it is
applicable. Petitioner is permitted to provide a copy of this order
along with the judgments in the above noted two cases with his
representation for compliance.
6. The writ petition accordingly stands disposed of.
Digitally Signed Photo copy of the order be placed in the connected case record.
Location: High Court of Orissa, Cuttack
Date: 10-Dec-2025 19:05:41 (BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
