Sisir Kumar Sahoo & Another vs State Of Odisha & Others .... Opp. ...
2025 Latest Caselaw 4075 Ori

Orissa High Court

Sisir Kumar Sahoo & Another vs State Of Odisha & Others .... Opp. ... on 17 February, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CONTC No. 2062 of 2024

            Sisir Kumar Sahoo & Another                     ....           Petitioners
                                                                     Represented by
                                                           Ms. S. Routray, Advocate

                                          - Versus -

            State of Odisha & Others                          ....    Opp. Parties
                                                                   Represented by
                                                                 Mr. S.N. Patnaik,
                                                       Addl. Government Advocate

                   CORAM:
                        JUSTICE SASHIKANTA MISHRA

                                             ORDER

17.02.2025 Order No.

03. 1. This matter is taken up through hybrid mode. . 2. Mr. Patnaik, learned State counsel submits that the authorities have taken a decision not to reinstate the petitioner in service in view of pendency of the writ appeal as the order passed by this Court cannot be said to have attained finality.

3. Mr. Routray, learned senior counsel cites a judgment of the Supreme Court rendered in the case of Sanjiv Kumar Singh Vs. The State of Bihar & Others wherein it was held that unless the appeal is listed and there is an interim order, mere filing of appeal would not operate as stay.

4. Mr. Routray, submits that, therefore, the plea taken by the authorities for not complying with the order is untenable. He further submits that the petitioner can always be reinstated subject to the final result of the writ appeal and in fact, one such person has already been reinstated. To this learned State counsel requests to take further instructions in the matter.

5. Let a copy of this order be supplied to the learned State counsel for compliance.

6. List this matter on 17th March, 2025.

(Sashikanta Mishra) Judge

Puspanjali

Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack. Date: 18-Feb-2025 19:03:33