E. Nagaraju vs State Of Odisha And Others ..... ...
2025 Latest Caselaw 1492 Ori

Orissa High Court

E. Nagaraju vs State Of Odisha And Others ..... ... on 21 July, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   WP(C) No.19078 of 2025
                 E. Nagaraju                     .....       Petitioner
                                                                  Represented By Adv. -
                                                                  Mr. Gyanendra Kumar
                                                                  Tripathy

                                               -versus-
                 State of Odisha and others               .....         Opposite Parties
                                                                  Represented By Adv. -

                                                                  Mr. J.K. Bal, AGA

                                      CORAM:
                 THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                               ORDER

21.07.2025

Order No.

02. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the writ application as well as the documents annexed thereto.

3. By filing the present writ petition, the Petitioner has prayed for quashing of order dated 20.04.2018 passed by the Opposite Party No.2 which was communicated vide Memo No.1452/HGs dated 21.04.2018 under Annexure-2 and consequential Appeal Order dated 23.08.2018 under Annexure-4 passed by the Opposite Party No.1 and for a further direction to the Opposite Parties to re-engage/re-induct the Petitioner as Home Guard in the Rayagada District Home Guard Organisation, keeping in view the provisions of Rule 8 of the Odisha Home Guards Rules, 1962 and in terms of the judgment of this Court reported in

2008 (II) OLR 307 and order dated 05.11.2015 passed in W.P.(C) No.15889 of 2015.

4. Learned counsel for the Petitioner, at the outset, contended that the orders under Annexure-2 & 4, which have been assailed in the present writ petition, were also the subject matter of challenge in W.P.(C) No.3715 of 2016 in Bhagirathi Majhi v. Commandant General, Home Guards & Fire Service, Cuttack and others along with a batch of writ applications. This Court, vide a common judgment dated 23.12.2022, disposed of the batch of writ applications by quashing the Memo No.5787 dated 02.06.2015 and a further direction was given to the Opposite Parties to consider the case of the Petitioner in the light of the order passed by a Coordinate Bench in W.P.(C) No.15889 of 2015 and in terms of the police circular No.2 of 2016 and, further subject to availability of the vacancy, the Petitioner shall be given appointment immediately by the Commandant General, Home Guards, Rayagada.

5. Since the issue involved in the writ petition is identical to the one involved in the matter of Bhagirathi Majhi (supra) and a batch of other similar matters disposed of by a common judgment dated 23.12.2022, this Court deems it proper to dispose of the present writ petition in terms of the judgment dated 23.12.2022 passed in W.P.(C) No.3715 of 2016. Accordingly, the impugned orders under Annexure- 2 & 4 are hereby quashed. Further, the Petitioner is directed to approach the Opposite Party No.3 along with a copy of the judgment in Bhagirathi Majhi's case (supra) within two weeks from today. In such eventuality, the Opposite Party No.3 shall do well to consider the

case of the Petitioner in terms of the judgment in Bhagirathi Majhi's case (supra) and by passing a reasoned and speaking order within eight weeks from the date of communication of a copy of this order.

6. With the aforesaid observations/directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra ) Judge Debasis