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Orissa High Court
Purna Chandra Behera & Others vs State Of Orissa & Others .... Opp. ... on 30 April, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12640 of 2026
Purna Chandra Behera & others .... Petitioners
.
Mr. P.K. Mohapatra, Advocate
-versus-
State Of Orissa & others .... Opp. Parties
Mr. S.B. Panda, AGA
CORAM:
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 30.04.2026
01. 1. By means of this application, the Petitioners seek the
following relief: -
"Under aforesaid facts and circumstances, it is therefore,
prayed that this Hon'ble Court may graciously be pleased
to:-
(i)Direct/order the Opposite Parties to consider the case
of the Petitioners for reinstatement in service in view of
the order passed in similar cases recently as at Annexure-
6 series by quashing the order of disengagement vide
order No.4496/ZP dated 31.12.2022 as at Annexure-4 and
allow the Petitioner to continue tin service.
(ii)Pass such other order/direction as may be deemed fit
and proper in the interest of justice"
2. Mr. Mohapatra, learned counsel for the Petitioner in course
of the hearing in the application, drew the attention of this Court to
the order passed by the Co-ordinate Bench in RVWPET
No.31/2025, wherein the Coordinate Bench vide order dated
17.10.2025 directed as follows:-
"24. This Court is, thus, satisfied that the Common
judgment dated 22.12.2023, qua the present Petitioner,
suffers from an error apparent on the face of the record in
that it (i) proceeded an unstated but crucial assumption
about the cohort/post to which the Petitioner belonged,
without adjudicating the rival case borne out by materials;
and (ii) consequently applied the no-prejudicial/ritual
hearing doctrine to a case where prejudice is self-evident
because a determination on facts could well alter the
outcome. In the result, the Review Petition is allowed on
the following terms:
(i)The common judgment dated 22.12.2023 is recalled and
set aside qua the present Petitioner alone. Paragraphs
and observations therein inconsistent with this judgment
shall not operate against her.
(ii)Given the completeness of the pleadings and the
circumscribed controversy, this Court proceeds to dispose
of the Writ Petition on merits forthwith, rather than
remand, to avoid further delay.
(iii)This disengagement order No.1051 dated 26.03.2018
is quashed, being vitiated for breach of audi alteram
partem and for non-application of mind to the
advertisement/cohort distinction.
(iv)The matter is remitted to the Collector-cum-CEO, Zilla
Parishad, Mayurbhanj for a de novo decision, within eight
weeks, on the following specific issues:
(a)Whether the Petitioner's engagement vide Order
No.209 dated 10.02.2004 was against one of the 16 SC
Women posts notified under the 25.03.2003
advertisement;
(b)Whether those 16 posts were merged into the 15,682
post-26.09.2003 cohort or stood substantively filled in the
first cycle owing to the non-availability of trained SC-
Women;
(c)The effect, if any, of the second advertisement
(Rairangpur 587 posts; 21 SC-Women) and the inservice
reservation note on the Petitioner's provisional placement
at Serial No.19, including production and consideration of
the final select lists, appointment orders, and the policy
basis for inservice earmarking;
(d)Consequential application or inapplicability of W.P.(C)
No.11748 of 2003 to the Petitioner's engagement.
(v)The Authority shall afford the Petitioner a personal
hearing, permit filing of additional documents (including
RTI responses, lists, orders), pass a speaking order, and
communicate the decision forthwith. Pending the fresh
decision, the Petitioner shall be reinstated to engagement
within four (4) weeks from receipt of this judgment and
continued subject to outcome..."
3. As seen from the aforesaid order passed by the Co-
ordinate Bench; it referred to another order of the Co-ordinate
Bench passed in W.P.(C) No.11748 of 2023; it is no more res
integra that similar matters are to be dealt similarly. The order
passed by the Co-ordinate Benches in RVWPET No.31/2025 and
the order passed on 26.02.2026 in W.P.(C) No.37539 of 2025 are
to be referred to while dealing with the present case which is
substantially similar to one as has been disposed of therein.
4. The Opposite Party No.3, is therefore, directed to consider
the case of the Petitioners for reinstatement in the light of the order
passed in the aforesaid W.P.(C) No.37539 of 2025 as followed in
the matter of RVWPET No.31/2025.
5. As a necessary corollary the disengagement order dated
31.12.2022 stands quashed. The Opposite Party No.3 i.e.
Collector-cum-Chief Executive Officer, Zilla Parishad, Ganjam,
shall consider the case of the Petitioners in view of the aforestated
order passed by the Coordinate Bench both in W.P.(C) No. 37539
of 2025 and RVWPET No.31/2025 and complete the entire
exercise within a period of six weeks.
6. The learned counsel for the Petitioner volunteers to submit
a fresh representation before the Opposite Party No.3 within a
period of fifteen days from the date of this order individually.
7. Accordingly, the Writ Petition is disposed of.
(Chittaranjan Dash)
Judge
Bijay
Designation: Junior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 01-May-2026 18:32:08
