Manoj Kumar Panda vs State Of Odisha And Others
2025 Latest Caselaw 4755 Ori

Orissa High Court

Manoj Kumar Panda vs State Of Odisha And Others on 7 March, 2025

Bench: Arindam Sinha, Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    W.A. No.350 of 2025

            Manoj Kumar Panda                          ....              Appellant
                                                        Represented by Adv.-
                                              Mr. H.P. Rath, Standing Counsel
                                        -Versus-
            State of Odisha and others             ....            Respondents
                                                        Represented by Adv.-
                                 Mr. Bimbisar Dash, AGA for Respondent no.1

                                    CORAM:
                    THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                            ACTING CHIEF JUSTICE
                                     AND
                  THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

                                          ORDER

Order No. 07.03.2025 W.A. no.350 of 2025 and I.A. no.869 of 2025

01. 1. Mr. Rath, learned advocate appears on behalf of applicant-

appellant. He submits, his client is aggrieved by judgment dated 3 rd

December, 2024 of the learned single Judge. Challenge in the writ

petition was regarding inter se seniority. There was earlier

judgment of the Supreme Court in K. Meghachandra Singh v.

Ningam Siro reported in (2020) 5 SCC 689. Subsequently, the

Supreme Court in Hariharan v. Harsh Vardhan Singh Rao

reported in 2022 SCC Online SC 1717 held that its earlier

judgment in K. Meghachandra Singh (supra) was per incuriam

two other judgments of the said Court. As such, there was

reference to Larger Bench on direction made in the case of

Hariharan (supra). By impugned judgment the learned single

Judge directed position to be maintained as per K. Meghachandra

Singh (supra) till the reference is decided. This is contrary to

direction in the later judgment of Supreme Court in Hariharan

(supra).

2. The appeal was presented on reported delay of 15 days.

Application has been made for condonation. The appeal be

admitted.

3. Mr. Dash, learned advocate, Additional Government

Advocate appears on behalf of respondent no.1 (State). Issue

notice along with this order on the application and appeal on rest

respondents. Accept one set of process fee for service by

registered/speed post with A.D. Applicant will put in requisites.

4. List on 7th April, 2025.

( Arindam Sinha ) Acting Chief Justice

( Sashikanta Mishra ) Judge

M. Panda/A. Nanda

Location: High Court of Orissa, Cuttack Date: 07-Mar-2025 18:26:45