Orissa High Court
Lilandri Mohini Nayak vs State Of Odisha & Ors on 27 November, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) Nos.32463 & 32579 of 2025
Lilandri Mohini Nayak
.... Petitioner
Mr. L.K. Mohanty, Advocate
-versus-
State of Odisha & Ors.
.... Opposite Parties
Mr. S. Das, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No. 27.11.2025
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Since common issue is involved in both the Writ
Petitions, both the matters were heard analogously and
disposed of by the present common order.
4. The present Writ Petition has been filed inter alia
with the following prayer:-
"It is, therefore, prayed that this Hon'ble Court may
graciously be pleased to issue notice to the opp. parties
calling upon them to file show cause as to why:-
(i) A direction shall not be issued to regularize the service
of the petitioner with effect from 22.04.2019 taking into
consideration the G.A. Department Resolution dated
17.09.2013 under Annexure -3 and the order of
regularization issued by the opp.party no.3 dated
21.12.2021 under Annexure -4 as well as judgment of
Hon'ble Apex Court of India rendered in between Food
// 2 //
Corporation of India Versus Kamadhenu Cattle Feeds
reported in (1993) 1 SCC Page 71
(ii) And after hearing the parties be pleased to direct the
opp.parties to regularize the service of the petitioner with
effect from 22.04.2019 as have already been extended to
similarly placed MPHW (Female) under Annexure-4 and
release all service and financial benefits in her favour.
(iii) The opp.parties be directed to calculate and release all
arrears of the petitioner with effect from 22.04.2019;
within a date to be fixed by this Hon'ble Court.
(iv) And pass any other order/orders, direction/directions
as this Hon'ble Court may deem fit and proper.
And for this act of kindness the petitioner shall as in duty
bound ever pray."
5. It is contended that even though similarly situated
MPHW (Female) have got the benefit of regularization vide
order dtd.21.12.2021 under Annexure-4 but w.e.f.
22.04.2019, but because of the wrong description of the
Petitioner's status in the communication issued on
05.08.2022 under Annexure-5 by Opposite Party No.2,
Petitioners are not getting the benefit of regularization
even though they are otherwise entitled to get the same
as like the MPHW (Female), so regularized vide order
under Annexure-4.
5.1. It is accordingly contended that appropriate
direction be issued to Opposite Party No.1, to regularize
the services of the Petitioners in the light of the order
passed on 21.12.2021 under Annexure-4.
6. Learned Addl. Standing Counsel for the State on the
other hand contended that since Petitioners claiming the
// 3 //
benefit of regularization have not yet moved the
concerned authority, the Writ Petition at its present stage
is not entertainable.
7. Having heard learned counsel appearing for the
Parties and considering the submissions made, this Court
while disposing both the Writ Petitions, permits both the
Petitioners to file individual application before Opposite
Party No.1 for consideration of their grievance to get the
benefit of regularization in the light of the order passed by
the CDM and PHO, Sundargarh on 21.12.2021 under
Annexure-4. It is open for the Petitioners to raise
objection with regard to contents of letter dtd.05.08.2022,
so issued under Annexure-5.
7.1. It is observed that if any such application will be
filed within a period of three (3) weeks hence, Opp. Party
No.1 shall do well to take a lawful decision on the same
within a period of three (3) months from the date of
receipt of such application. The order so passed by Opp.
Party No.1 be communicated to the Petitioner.
8. With the aforesaid observation and direction, both
the Writ Petitions are disposed of.
// 4 //
Photocopy of the order be placed in other connected
cases.
(Biraja Prasanna Satapathy)
Judge
Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
