Citation : 2025 Latest Caselaw 8040 Ori
Judgement Date : 9 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24658 of 2025
Dr. Manoj Kumar Dehury .... Petitioner
Dr. J.K. Lenka, Advocate
-versus-
State of Odisha and
Another .... Opposite Parties
Mr. M.R. Mohanty, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
09.09.2025 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the parties.
3. Petitioner has filed the present writ petition inter alia with the following prayer:-
The Petitioner, therefore, most humbly pray that your lordships would be graciously pleased to issue a rule NISI calling upon the opp. Parties to show cause as to why the opp. Parties should not be directed to appoint the petitioners in the rank of Asst. professor (Specialty) in the discipline of Anatomy (Group-A), pursuant to advertisement No. 12 of 2018-19 with retrospective effect (06/12/2019) on notional basis at par with their batchmates in other disciplines appointed under the same advertisement and promote the petitioners to the rank of Associate Professor in the Department of Anatomy with retrospective effect (09/11/2023) on notional basis at par with their batchmates those who were promoted as per notification dated 09/11/2023 at Annexure-8 and extend all consequential service benefits as admissible under law as per law laid down by the Division Bench // 2 //
of this Hon'ble Court in W.A No.1739/2023 dated 27/09/2023 at Annexure-10.
And further be pleased to direct the State-Opp. Parties to suitable modify the Govt. Notifications No. 2179/H dated 22/01/2025 and 15770/H dated 29/05/2025 at Annexure-9 series and extend all consequential service benefits as admissible under law with retrospective effect (09/11/2023) on notional basis at par with their batchmates.
And if the opp. Parties failed to show cause or sufficient cause, the Rule be made absolute.
And issue any other writ/writs or direction/directions as would be necessary in the interest of justice."
4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No. 1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three (3) weeks hence.
5. It is observed that if such representation is filed within the aforesaid time period, 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 representation. The order so passed by Opp. Party No. 1 be communicated to the Petitioner.
6. It is observed that while taking a decision on the Petitioner's claim, relevancy and effect of the judgment passed in W.A. No.1739 of 2022 be taken into consideration, if it is applicable to the Petitioner's claim.
// 3 //
7. With the aforesaid observation and direction, the Writ Petition stands disposed of.
(Biraja Prasanna Satapathy) Judge
Basudev
Location: High Court of Orissa, Cuttack Date: 10-Sep-2025 11:15:21
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