[Cites 2, Cited by 0]
Orissa High Court
Sashikanta Behera vs State Of Odisha &Others on 11 February, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.983 of 2025
Sashikanta Behera .... Appellant
Mr. P.K. Mishra, Advocate
-versus-
State of Odisha &Others .... Respondents
Mr. S.K. Jee, AGA
W.A. No.1261 of 2025
Rajesh Toppo .... Appellant
Mr. P.K. Mishra, Advocate
-versus-
State of Odisha &Others .... Respondents
Mr. S.K. Jee, AGA
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 11.02.2026
03. These Intra-Court Appeals are directed against the
learned Single Judge's common order dated 17.12.2024,
whereby the Appellants' W.P.(C) No.2157 of 2020 along
with other connected matters have been negatived.
2. Learned counsel appearing for the Appellants submits
that the subject matter of these appeals are identical to the
one in W.A. No.119 of 2025 between Sri Prafulla Kumar
Behera vs. State of Odisha & Others and that the same has
been allowed by the Co-ordinate Bench of this Court headed
by Hon'ble the Chief Justice, vide order dated 19.06.2025,
whereby the Writ Petition has been allowed reversing
learned Single Judge's order, which is put in challenge at our
hands also, since it was a common order. A perusal of the
said judgment shows that the submission of learned counsel
for the Appellant is absolutely true. There is no much dispute
about the same from the side of the Government, as well.
3. The operative portion of the Co-ordinate Bench's
judgment at Paragraph Nos.11 & 12 reads as under:-
"11. As a consequence of such order, needless to say that
the Order of disengagement of Contractual Drivers, so far as
the appellant is concerned, vide Letter No.IX-29/2020-
658/TC, dated 14.01.2020 (Annexure-1 of writ petition) and
Office Order bearing No.13642/TC, dated 24.11.2018 issued
from the Office of the Transport Commissioner-cum-
Chairman, State Transport Authority, Odisha, Cuttack
(Annexure-2 of writ petition) declining to regularise services
of the appellant on the grounds that "High Power Committee
has considered the matter and decided not to regularise
services of the applicant as he was not engaged against
contractual post created with concurrence of Finance
Department and no post of regular Driver was abolished for
the purpose and provisions of ORV Act was not followed"
stand quashed, being contrary to facts stated in
recommendation in the Letter No.IX-29/2016-- 16925/TC,
dated 31.10.2016 of Under-Secretary, STA, Odisha, Cuttack
issued from the above said Office of STA as well as the
findings, observations and directions contained in Order
dated 12.01.2018 passed in O.A. No.1234 of 2016 by the
learned Odisha Administrative Tribunal in the case of
present appellant, titled Prafulla Kumar Behera Vrs. State of
Odisha.
11.1.As is ex facie manifest from the Counter-Affidavit sworn
to by Under Secretary, State Transport Authority, filed WA
No.119 of 2025 Page 79 of 79 on behalf of the State
Transport Authority in the writ petition being W.P.(C)
No.2157 of 2020 (which was disposed of vide common
Judgement dated 17.12.2024), is hit by estoppel, inasmuch as
the Order dated 12.01.2018 passed in O.A. No.1234 of 2016
by the learned Odisha Administrative Tribunal attained its
finality being not challenged before higher Court(s).
11.2.Ergo, it is directed that the respondents shall take a
decision within three months from date in the light of the
observations made herein above keeping in view the legal
position discussed in this Judgment and comply with the
direction contained in Order dated 12.01.2018 passed in
O.A. No.1234 of 2016 by the learned Odisha Administrative
Tribunal.
12. In the result, this writ appeal is allowed; so also the writ
petition as a consequence thereof; and all pending
interlocutory applications, if any, shall stand disposed of, but
in the circumstances, there shall be no order as to costs."
In the above circumstances, these Appeals are also
allowed on the same terms.
Web copy of this order to be acted upon by all
concerned.
(Krishna Shripad Dixit)
Judge
(Chittaranjan Dash)
Judge
Bijay/Sarbani
Designation: Junior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 12-Feb-2026 13:17:06
