Akshaya Kumar Subudhi vs Shalini Pandit
2025 Latest Caselaw 687 Ori

Orissa High Court

Akshaya Kumar Subudhi vs Shalini Pandit on 15 May, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CONTC No.7657 of 2024

            Akshaya Kumar Subudhi                        ....               Petitioner
                                                        Represented by Adv.-
                                              Mr. Ashutosh Mishra, Advocate
                                        -Versus-
            Shalini Pandit, Commissioner-cum-       ....       Opposite Party
            Secretary, School and Mass
            Education Department, Khurda
                                                        Represented by Adv.-
                             Mr. Saswat Das, Additional Government Advocate


                                 CORAM:
                       HON' BLE THE CHIEF JUSTICE
                                   AND
                 HON'BLE MR. JUSTICE MURAHARI SRI RAMAN

                                            ORDER

Order No.                                  15.05.2025
01.         1.    The dispute revolves around the appointment of the petitioner

to the post of Group-D on compassionate ground instead of Group-C

in terms of the Rules/Regulation prevalent at the time of death of the

employee.

2. Taking shelter under the judgment rendered by this Court in

the case of State of Odisha v. Bindusagar Samantray (W.A. No.810

of 2021) decided on 25th September, 2023, which is pending before

the Supreme Court, the State Government did not accede to the claim

of the petitioner. In course of the hearing, it transpires that there are

several vacant posts in Group-C, which may have fallen between the

demise of the employee and the appointment of the petitioner to a

substantive Group-D post.

3. Mr. Das, learned Additional Government Advocate appearing

for the opposite party, however, seeks accommodation to take

appropriate instructions whether any Group-C post fell vacate after

death of the employee in harness.

4. To enable Mr. Das to take appropriate instructions, list this

matter on 26th June, 2025.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge S.K. Jena/Secy.

S.K. Behera.

Signed by: SISIRA KUMAR BEHERA Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack Date: 16-May-2025 19:35:28