Dr. Purusottam Swain vs State Of Odisha &Ors. ..... Opposite ...
2025 Latest Caselaw 11047 Ori

Orissa High Court

Dr. Purusottam Swain 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) No.34147 of 2025
Dr. Purusottam Swain       .....         Petitioner
                                                   Mr. S.D. Routray, Advocate
                              -versus-
State of Odisha &Ors.           .....                Opposite Parties
                                                   Mr. C.K. Pradhan, AGA


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

04.12.2025 Order No.01 I.A. No. 21301 of 2025 & W.P.(C) No. 34147 of 2025

1. This matter is taken up through hybrid mode.

2. Heard Mr. S.D. Routray, learned counsel appearing for the Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. The present writ petition has been filed inter alia challenging order dtd.15.11.2025 so passed by Opp. Party No. 3 under Annexure-11.

4. It is contended that Petitioner while continuing as against the post in question, he was terminated vide order dtd.29.12.2024 under Annexure-6 of Opp. Party No. 4. Challenging such order of termination Petitioner approached this Court by filing W.P.(C) No. 33349 of 2024. This Court vide order dtd.18.08.2025 under Annexure-8 quashed the order of termination so passed on 29.12.2024.

4.1. It is contended that on the face of such order passed by this Court in setting aside the order of termination, Petitioner was never allowed to join on the face of submission of his joining report before Opp. Party No. 4 on 23.08.2025 under Annexure-9 series. But now by

virtue of the interim order Opp. Party No. 5 has been posted in the post in which Petitioner was earlier continuing. It is accordingly contended that the impugned order should not have been passed instead of allowing the Petitioner to continue.

5. Learned Addl. Govt. Advocate on the other hand contended that challenging order dtd.18.08.2025, State has filed a writ appeal in Writ Appeal No. 1583 of 2025. It is further contended that since a writ appeal has been filed against the order, Petitioner cannot be allowed to join and accordingly to fill up the vacancy, order at Annexure-11 has been issued.

6. To the submission made by the learned Addl. Govt. Advocate, Mr. Routray, learned counsel for the Petitioner made further submission placing reliance on the decision of the Apex Court in Special Leave to Appeal (C) No. 19038 of 2022 decided on 24.01.2023. Placing reliance on the said order, it is contended that since there is no stay obtained by the State in the writ appeal so filed, in absence of any order of stay, benefit of the judgment should go in favour of the present Petitioner.

7. Considering the submission made, this Court is of the view that the matter requires an adjudication. However, considering the request made by the learned AGA that he will obtain necessary instruction from the Department, list this matter on 17th December, 2025.

8. Till the next date, operation of order dt.15.11.2025 under Annexure-11 shall remain stayed.

(BIRAJA PRASANNA SATAPATHY) Location: High Court of Orissa, Cuttack Judge Date: 10-Dec-2025 19:02:30 Sneha