Orissa High Court
Bijay Ketan Sethy vs State Of Odisha And Others .... Opposite ... on 26 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17436 of 2024
Bijay Ketan Sethy .... Petitioner
Mr. B.K. Rout, Advocate
-Versus-
State of Odisha and others .... Opposite Parties
Mr. S.K. Jee, AGA,
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
ORDER
Order No. 26.11.2025
05.
Petition prayer reads as under:
"It is therefore humbly prayed that this Hon'ble
Court may be graciously pleased to issue a writ of
Certiorari or any other suitable writ(s) to quash the
impugned orders under Annexures-2 and 7, after
declaring as illegal and bad in law;
And further be pleased to issue a writ of
Mandamus directing the Opp.parties to pay the arrear
salary of the petitioner for the period from dt.0l.04.2001 to
till 31.07.2003 with interest within a period of one month;
And further be pleased to direct the Opp.parties to
give all consequential service benefits, such as seniority,
annual increment etc. within a stipulated period;"
2. Learned counsel for the petitioner submits and learned
AGA appearing for the other side does not much dispute that the
subject matter of this petition is substantially similar to the one in
W.P.C(OAC) No.912 of 2001 between Pradeep Kumar Panda v.
State of Odisha, disposed off by a Co-ordinate Bench of this
Court vide order dated 02.12.2021 and therefore, the benefit
accorded to the litigant in the said case has to be extended to his
client, who is similarly circumstanced. He also adds that the said
judgment did not cover in so many words the direction for grant
of consequential service benefits such as seniority and accrual of
annual increments and therefore, that also should be granted to
the petitioner. There is force in this submission.
3. The Co-ordinate Bench judgment at Paragraphs-9 & 10
read as under:
"9. Claim of petitioner for back wages for the period of
wrongful termination till time of reappointment by
adjustment appears to fulfill all the conditions necessary
for Court to direct entitlement and payment. The period
that petitioner remained under wrongful termination was
on and from 1st April, 2001 till 24th July, 2003. Petitioner
approached the Tribunal by this writ petition on 11th
April, 2001, the day on which the Tribunal made
observations regarding the prayer for interim relief of
petitioner. That petitioner remained unemployed in the
period and therefore there cannot be mitigation is proved
by entries in the order sheet and petitioner's prompt
acceptance of his adjustment, to be reappointed.
10. There will be order in the writ petition to give
petitioner back wages for the period 1st April, 2001 till
24th July, 2003 at the rate of petitioner then drawing his
salary and emoluments, if any, as Junior Clerk appointed
under the rules. The aggregate of arrear back wages shall
be disbursed to petitioner along with present bank interest
on yearly fixed deposit calculated on simple basis for the
period from 24th July, 2003 till date of payment. In event
the payment is not made within six weeks from date of
communication of this order, petitioner will be entitled
same rate of interest on compound basis with yearly rests,
for the period till payment."
In the above circumstances, this petition succeeds; a Writ
of Certiorari issues quashing orders dated 31.03.2001 at
Annexure-2 and dated 30.04.2024 at Annexure-7 to the extent the
same related to the petitioner. A Writ of Mandamus issues to the
OP Nos.2 & 3 to grant all benefits, as are granted to the litigant in
the Co-ordinate petition, and further the benefit of back service
such as seniority and annual increments by way of consequential
benefits. This order should be complied with and compliance
report should be filed with the Registrar General of this Court
within an outer limit of eight weeks.
Interest payable is at the rate of 1% per mensem. The
interest component may be recovered from the officials, who are
responsible for the giving of cause of action for the subject
petition. The reckoning point of the interest is the date on which
the amount was otherwise payable to the petitioner.
Web copy of the order to be acted upon by all concerned.
( Dixit Krishna Shripad )
Judge
Anisha
Location: High Court of Orissa, Cuttack
Date: 27-Nov-2025 16:13:47
