[Cites 0, Cited by 0]
Orissa High Court
Rasmita Mishra vs State Of Odisha & Ors. ..... Opposite ... on 7 April, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 9344 of 2026
Rasmita Mishra ..... Petitioner
Ms. P. Rath, Sr. Advocate with
Ms. S. Prusty, Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. A. Tripathy, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
07.04.2026
1. This matter is taken up through hybrid mode.
2. Heard Ms. P. Rath, learned Sr. Counsel appearing for the
Petitioner and Mr. A. Tripathy, learned Addl. Government Advocate
appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia with the
following prayer:-
"WHEREFORE, in light of the above facts and
circumstances, it is most humbly prayed that this
Hon'ble Court be pleased to issue appropriate writ
/order/directions:
1. That the Opposite Parties may not proceed
with the appointment of any persons through the
Departmental Promotion Committee to the post of
Assistant Executive Engineer, in H & UD
Department, Government of Odisha without
regularising the Petitioner to the post of Assistant
Executive Engineer, in H & UD Department,
Government of Odisha in terms and consequence of
the Judgment dated 28.10.2025 in the said W.P.(C)
No. 24653 of 2025;
2. Pass any such order as it may deem fit;
In the interests of justice and equity."
4. Learned Sr. Counsel appearing for the Petitioner contended that
on the face of the order passed by this Court under Annexure-2 and
prior to implementation of the same since the authorities are
proceeding with the promotion to the post of Asst. Executive
Engineer, the present writ petition has been filed with the prayer as
indicated hereinabove.
4.1. It is contended that prior to implementation of the order passed
by this Court under Annexure-2, no step be taken to fill up the post
of Asst. Executive Engineer in terms of the letter issued on
23.12.2025 under Annexure-4. It is also contended that order under
Annexure-2 has not been assailed before the higher forum.
5. Learned Addl. Govt. Advocate on the other hand contended that
vide order under Annexure-2, this Court has directed the Opp.
Parties to regularise the services f the Petitioner as against the post
of Asst. Executive Engineer against the vacant post. In view of the
nature of the order, no further order is required to be passed as
prayed for and the prayer as made is premature.
5.1. It is also contended that if the order passed under Annexure-2
has not been assailed as contended, Petitioner will get the benefit of
the said order and filling up the post in question in terms of
Annexure-4 will no way cause prejudice to the Petitioner.
6. Having heard learned counsel appearing for the Parties and
considering the submission made, this Court finds that there is
already an order in favour of the Petitioner to regularize him along
with others as against the post of Asst. Executive Engineer, vide
judgment under Annexure-2. On the face of such order and if as
contended the order is not under challenge, this Court is of the view
that no further order is required to be passed with the prayer as
made. Accordingly, this Court is not inclined to entertain the writ
petition and dismiss the same.
It is open for the Petitioner to take appropriate step for
implementation of the order under Annexure-2.
7. The writ petition accordingly stands dismissed with the aforesaid
observation.
(BIRAJA PRASANNA SATAPATHY)
Judge
Basudev
Location: High Court of Orissa, Cuttack
