Banita Sahu & Others vs Vishal Kumar Dev I.A.S
2025 Latest Caselaw 7828 Ori

Orissa High Court

Banita Sahu & Others vs Vishal Kumar Dev I.A.S on 3 September, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CONTC Nos.126 & 127 of 2024

            Banita Sahu & Others                        ....          Petitioners
                                                                 Represented by

                                                  Mr. B. Routray, Sr. Advocate
                                                 With Mr. S. Routray, Advocate

                                         -Versus-
            Vishal Kumar Dev I.A.S.,                     ....         Opp. Party
                                                                 Represented by

                                                     Mr. P.K. Parhi, DSGI with
                                                            Mr. S. Panda, CGC
                                                              Mr. S.N. Patnaik,
                                               Additional Government Advocate

                  CORAM:
                       JUSTICE SASHIKANTA MISHRA

                                           ORDER

03.09.2025 Order No.

14. 1. These matters are taken up through hybrid mode. . 2. This Court finds that the judgment of this Court remains unimplemented despite series of adjournments being granted.

3. Learned counsel for the petitioners files an affidavit enclosing copies of some orders passed by the Government on different occasions. One of such letters i.e., dated 21.06.2025 issued by the Secretary, OMTES to the Commissioner, NESTS seems to indicate that since NESTS provides hundred percent grant-in-aid under Article 275(1) of the Constitution for management of EMRSs, the State society is not in a position to independently take a decision on their future service conditions. Prima facie, this amounts to rewriting the judgment passed by this Court in so far as regularization of the petitioners is considered, the ramifications of

which have long since been considered, decided and crystalized in the judgment passed by this Court.

4. It goes without saying that the judgment of this Court is not subject to further interpretation by the authorities, the same not having been challenged by them before the higher forum.

5. Learned State counsel, on whom a copy of the affidavit has been served shall take instruction with regard to the averments made and file compliance affidavit on the next date failing which appropriate adverse orders shall be passed in the CONTC application.

6. Let a copy of the affidavit be also served upon Mr. P.K. Parhi, who shall obtain instructions in the matter.

7. List these matters on 8th October, 2025.

(Sashikanta Mishra) Judge Puspanjali

Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack. Date: 03-Sep-2025 19:07:13