Orissa High Court
Benudhar Swain vs State Of Odisha on 10 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23256 of 2014
In the matter of an application under Articles 226 & 227 of
the Constitution of India, 1950.
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Benudhar Swain .... Petitioner
-versus-
State of Odisha, represented .... Opposite Parties
through the Secretary, School &
Mass Education Department &
Others
Advocates Appeared in this case
For Petitioner - M/s. B.S. Tripathy, M.K. Rath,
J. Pati & M. Bhagat
(Advocates)
For Opp. Parties - Mr.U.C. Behera,
Additional Government Advocate
---
CORAM
MR. JUSTICE DIXIT KRISHNA SHRIPAD
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Date of Hearing & Judgment : 10.09.2025
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PER DIXIT KRISHNA SHRIPAD, J.
The Petitioner is knocking at the doors of Writ Court with
the following text of prayer:-
‚The petitioner, therefore, most respectfully prays that your
Lordship may graciously be pleased to admit this writ
application and issue Rule NISI to the OPs to show cause as
to why the impugned order dtd.28.6.2014 in annexure-8
shall not be quashed and further why they shall not be
directed to consider the case of the petitioner for engagement
as Gana Sikshyak or Sikshya Sahayak;
And on their failing to show cause or showing
insufficient cause issue a writ in the nature of certiorari
quashing the impugned order dtd.28.6.2014 in annexure-B;
And further issue a writ of mandamus directing the
Ops to consider the case of the petitioner for engagement as
Gana Sikshyak or Sikshya Sahayak within a stipulated
period.‛
2. Learned counsel for the petitioner submits that the
petitioner was duly appointed by the jurisdictional authority vide
order dated 10.04.1991 and came to be discharged from service
with effect from 31.03.2001. The policy statement dated
03.07.2008, a copy whereof avails at Annexrue-4, provides for re-
engagement of discharged employees of the kind and that benefit
having not been extended to his client, the action of the opposite
parties is grossly discriminatory. Learned counsel also draws
attention of the Court to the earlier round of litigation wherein a
Coordinate Judge of this Court in his W.P.(C) No.3042 of 2014
disposed off on 07.05.2014 noted his discriminatory treatment of
the petitioner and therefore, had given liberty to make a
representation for reconsideration, which he did.
3. Learned counsel further argues that despite the order of the
Coordinate Bench, now the situation remains the same, inasmuch
as the claim of the petitioner has been negatived vide order dated
28.06.2014 (Annexure-8). Therefore, counsel for the petitioner
submits that, the Court should come to the aid of petitioner to
undo the injustice meted out to him.
3. Learned AGA appearing for the opposite parties
vehemently opposes the petition making the submission in
justification of the impugned order and the reasons on which it
has been constructed. He submits that the appointment of the
petitioner was not by the Competent Authority and discharged
having happened way back in the year 2001, at this length of
time, nothing can be done.
4. Having heard the learned counsel for the parties and
having perused the petition papers, this Court is of the
considered opinion that the subject matter of this petition is
substantially similar to the one treated in W.P.(C) No.16773 of
2016 between Jugal Charan Nayak v. State of Odisha disposed off
vide order judgment 13.08.2025. Paragraph 7.6 of the said
judgment passed in W.P.(C) No.16773 of 2016 reads as under:-
‚It hardly needs to be stated that in the progressively
developing State like Odisha many new ventures are being
undertaken involving persons like the petitioners, for the
purpose of educational campaigns to benefit the masses.
Several new Projects have come up too, which aspect can
be taken judicial notice of. The OPs should conduct
themselves as a Model Employer and wherever possible,
provide employment/engagement contractual, temporary
or otherwise, so that 'have nots' too will be able to hold
their body & soul together. Of course, this is subject to
certain limitations inherent in the system, hardly needs to
be stressed. After all, compassion is not alien to our
Constitution.‛
4.1. This Court, in the coordinate judgment, issued a Writ of
Mandamus to the opposite parties to absorb the litigants said case
in any new scheme/project within eight weeks without driving
them to one more round of legal battle. The facts of this case being
substantially similar, same relief needs to be granted to the
petitioner herein when it is specifically demonstrated that he was
appointed by the District Inspector of Schools vide order dated
10.04.1991. In any event, entry of the petitioner to the services till
he was discharged on 31.03.2001 cannot be said to be illegal at all.
That apart, in terms of Annexure-4, many others, who were
similarly circumstanced, having been re-engaged, learned counsel
for the petitioner is right in telling that his client is treated with a
step-motherly attitude. There is such a finding entered by the
Coordinate Bench in the earlier round of litigation. That is an
added ground in this case, which was not there in the coordinate
judgment.
In the above circumstances, this petition is allowed; a Writ of
Certiorari issues quashing the impugned order dated 28.06.2014
issued by the Commissioner-Cum-Secretary to Government,
School & Mass Education Department C.E.O. under Annexure-8 in
so far as it relates to the petitioner; a Writ of Mandamus issues to
the opposite party no.1 to absorb the petitioner in any new
scheme/project with comparable emoluments, keeping in view his
qualification & long experience of ten years, within an outer limits
of eight (8) weeks and report compliance to the Registrar General
of this Court.
Now, no costs.
Web copy of this order to be acted upon by all concerned.
(Dixit Krishna Shripad)
Judge
Orissa High Court, Cuttack
The 10th Day of September, 2025/Basu
Designation: ASST. REGISTRAR-CUM-SR. SECRETARY
Location: HIGH COURT OF ORISSA : CUTTACK
Date: 12-Sep-2025 11:24:10
