Orissa High Court
Chairman vs Duryodhan Mohapatra on 12 September, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.2320 of 2024
Chairman, Orissa Forest .... Appellants
Development Corporation Ltd.,
Khordha & Others
Represented by Adv.-
Mr. S.K. Pattanaik, Sr. Advocate
along with Mr. P.K. Pattanaik, Advocate
-Versus-
Duryodhan Mohapatra .... Respondent
Represented by Adv.-
Mr. Swoyam Prabhu Jena, Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
Order No. 12.09.2025
(Hybrid mode)
02. 1. As per the earlier order dated 14.08.2025, copy of the
appeal memo has been served on the learned counsel for the
respondent, Mr. Jena. Accordingly, the matter is taken up for fresh
admission.
It is submitted by the learned Senior Advocate appearing
for the appellant that the respondent had earlier approached this
Court in as many as two writ petitions i.e. OJC No.247 of 1996
disposed of on 06.01.2001, W.P.(C) No.1713 of 2008 disposed of
on 16.10.2015. However, the petitioner continued to approach this
Court with identical prayer for regularization of his service and in
the writ petition out of which the present writ appeal arises
W.P.(C) No.15071 of 2018, judgment dated 25.06.2024 has been
passed and the operative portion is at paragraph-8 wherein the
learned Single Judge has once again direct for regularization of the
services of the petitioner. For convenience of reference, we
reproduce the paragraph-8 of the judgment dated 25.06.2024
passed in W.P.(C) No.15071 of 2015:-
"8. In such view of the matter, this Court directs the Opposite
Parties to take appropriate steps for regularization of the
services of the Petitioner with all service benefits within a
period of three months from the date of presentation of an
authenticated copy of this order."
2. We had pointedly asked learned counsel for the respondent
that whether the details of the earlier judgments and orders/
judgments were mentioned in the writ petition W.P.(C) No.15071
of 2018; and whether the earlier judgment passed by the Single
Bench dated 16.10.2015 was placed before the learned Single
Judge, when the writ petition was taken up. Regarding the query
made by the Court, the learned counsel has no immediate answer.
We feel it apt to quote pragaraph-11 of the judgment dated
16.10.2015 rendered by the learned Single Judge in earlier W.P.(C)
No.1713 of 2008: -
"11. In view of the aforesaid facts and circumstances, this
Court is of the considered view that taking into account the
length of service rendered by the petitioner as a daily
watcher, the Corporation should take necessary steps for
regularization of his services within a period of three months
from the date of communication of this judgment in terms of
the judgment of Secretary, State of Karnataka (supra) and
Amarkant Rai (supra)"
3. It is submitted by the learned Senior Counsel Mr.
Pattanaik, that pursuant to the earlier judgment, the petitioner has
already been regularized in service by order dated 30.04.2016 that
was annexed to the counter affidavit filed before the learned Single
Judge also annexed to the writ appeal marked as Annexure-7. The
relevant extract of the said appointment order is reproduced
herein:-
"To
Sri Duryodhan Mohapatra,
O/o. Divisional Manager,
Odisha Forest Development Corporation ltd.,
Jharsuguda (CKL) Division.
Sub.:- Appointment order for the post of Jr. Typist in
OFDC Ltd.
W.P.(C) No.1713/2008-filed by Sri Duryodhan Mohapatra.
Dear Sir,
In pursuance to the order dt.16.10.15 of High Court
of Odisha in W.P.(C) No.1713/08 Govt. order vide F&E
Department letter No.3818 dt.26.2.16 & as well as
decision of the Board of Director in their 248 th meeting
held on 30.3.16, You are hereby appointed in the post of
Jr. Typist with effect from the date of joining on the
following terms and condition of the service. You are
posted to Jharsuguda (CKL) Division under Sambalpur
(C) Zone.
1. Salary/wages- You will be paid as monthly salary of
Rs.5200/- with grade pay of Rs.1900/- in the pay scale of
Rs.5200-20200/- with Grade pay of Rs.1,900/- under pay
brant-I per month with effect from the date of joining in the
post of Jr. Typist with usual dearness allowance as
admissible to O.F.D.C. employees and without any
financial benefit of the post for past period.
2. You will have to furnish an undertaking to the effect that
you will not claim any financial benefit for the past period
in the said post."
4. It is submitted by the learned Senior Advocate for
appellant that in none of the earlier writ petitions, the petitioner
had raised the issue of he getting appointment following Odisha
Civil Services (OCS) Rehabilitation Assistance Rules. Rather,
concededly, while working as daily wager, the respondent No.1
sought for regularization, he was favoured with judgment dated
16.10.2015 passed in W.P.(C) No.1713 of 2008 and his services
were regularized as would be evident from Annexure-7.
Further, the learned Senior Advocate also brings to the
notice, the undertaking given by the respondent annexed to the
counter affidavit filed before the learned Single Judge and marked
as Annexure-7 to the writ appeal.
5. We also find that there is no pleadings in the writ petition
making it clear that the petitioner had approached the Court in
several rounds of litigations, the litigations have fructified into, he
getting regular appointment with effect from the date of joining in
the year 2016.
6. Admit.
7. Issue notice to the respondent.
Since Mr. S.B. Jena along with Mr. S.P. Jena, learned
counsel and associates have entered appearance and are on record,
no further notice be issued to the respondent. Copy of the appeal
memo along with annexures, I.As. shall be furnished to Mr. S.P.
Jena.
8. The Registry shall place all the disposed of records along
with present records i.e. OJC No.247 of 1996, W.P.(C) No.1713 of
2008 and in W.P.(C) No.15071 of 2018. In case the physical
copies are not available, the scanned copy of the earlier writ
petitions be placed on record.
9. Issue notice as above.
In view of the appearance of learned counsel for the
respondent-opposite party, no further notice be issued.
In view of discussions and our observations made above,
we direct stay of the judgment dated 25.06.2024 passed in W.P.(C)
No.15071 of 2018 until further orders.
10. The writ appeal shall be listed for admission in its usual
course.
Liberty granted to mention for listing.
Issue urgent certified copy as per rules.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge.
Narayan/Ranjeeta
Location: HIGH COURT OF ORISSA
