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Orissa High Court
Trailokya Nayak And vs State Of Odisha And Others .... Opposite ... on 22 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30020 of 2023
Trailokya Nayak and .... Petitioners
others
Mr. B. P.B. Bahali, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 22.12.2025
11. This matter is taken up through hybrid mode.
2. Heard Mr. Bahali, learned Counsel for the Petitioners
so also Mr. Behera, learned ASC for the State-Opposite
Parties.
3. During hearing, learned Counsel for the Petitioners
submits, the Petitioner Nos.3, 5, 13 & 14 namely, Dibya
Ranjan Mallick, Bijaya Kumar Rout, Subash Chandra
Khuntia and Debaraj Swain respectively qualified in the
test, to be appointed as Fireman and Fireman Driver.
4. Petitioners Nos.3, 13 & 14 applied under the Home
Guard category, whereas, Petitioner No.5, namely, Bijaya
Kumar Rout applied under SEBC category.
5. Mr. Bahali submits, in the meantime W.P.(C)
No.29964 of 2023 and batch (Hiranya Kumar Samala
and others Vs. State of Odisha and others) got disposed
of by the co-ordinate Bench vide a common judgment
dated 28.11.2025, wherein a similar issue has already
been decided.
6. Learned Counsel for the Petitioners further submits,
the case of the Petitioners, who qualified in the test, are
squarely covered by the said judgment. That apart, as
reflected in para 7.1 at page No.23 of the said judgment,
the name of the present Petitioner No.5, namely, Bijaya
Kumar Rout appears, who has been selected for the post of
Fireman Driver.
7. Mr. Bahali files website copy of the said judgment in
the Court after handing over a copy of the same to the
learned counsel for the State, which be kept on record.
8. Learned Counsel for the Petitioner further submits,
since the case of the Petitioner No.5 has already been
considered for appointment in the post for Fireman Driver,
his name be deleted from the cause title.
9. In view of such oral submission made by the learned
Counsel for the Petitioners, office is directed to delete the
name of Petitioner No.5 from the cause title of the writ
petition.
10. Mr. Behera, learned ASC for the State, prays for a
short adjournment to take instruction regarding
correctness of the submission made by the learned
Counsel for the Petitioners.
11. At this stage, Mr. Bahali, learned Counsel for the
Petitioners submits, even if Petitioners Nos.3, 13 & 14
have qualified in the test, unless, as an interim, they are
protected till the next date, there is every possibility that
the authority concerned may fill-up the remaining posts of
Fireman and Fireman Driver and the writ petition will
become infructuous.
12. Hence, it is made clear that, if the submission made
by Mr. Bahali, learned Counsel for the Petitioners
regarding selection of Petitioner Nos.3, 13 & 14 is found to
be correct, two posts of "Fireman" and one post of
"Fireman Driver" shall not be filled up till the next date.
13. The matter be listed on 9th January, 2026, as prayed
for.
14. Instruction, if any, be obtained unfailingly in the
meantime.
15. Urgent certified copy of this order be granted as per
rules.
Kanhu
(S. K. MISHRA)
JUDGE
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 23-Dec-2025 18:14:46
