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Orissa High Court
State Of Odisha vs Machhua Ho & Others on 20 February, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.1365 of 2025
State of Odisha, represented through
its Principal Secretary to
Government, ST & SC Development,
Minorities & Backward Classes
Welfare Department & others .... Appellants
Mr.Satya Brata Mohanty, AGA
-versus-
Machhua Ho & Others .... Respondents
Mr.Laxmikanta Mohanty, Advocate
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
JUSTICE CHITTARANJAN DASH
Order No. 20.02.2026
01. W.A. No.847/2025 & I.A. No.2108/2025
The Respondents, having undertaken a due selection
process, were appointed as Tribal Language Teachers on
contract basis with effect from 11.01.2010. Learned AGA
Mr.Mohanty tells us that they were given a consolidated
pay of Rs.3050/- per month. They were ventilating their
grievance before the Odisha Administrative Tribunal,
Cuttack Bench, Cuttack in O.A. No.404(C)/2015 against
non-regularization of their services in terms of G.A.
Department Resolution dated 17.09.2013, which provided
for such regularization after completion of a continuous
service of six years with non-blemish. The State
Administrative Tribunal, vide order dated 10.03.2017,
directed their regularization with effect from the date they
had completed such period of service.
3. Learned counsel appearing for the Respondent-
employees tells us that the above order of the Tribunal was
put in challenge in W.P.(C) No.14761/2018 by the
Appellants herein and the challenge was negatived by a
Coordinate Bench of this Court vide order dated 24.01.2019.
Despite this, the Appellants took a decision based on a
Cabinet Decision dated 22.03.2021 whereby the
regularization was made effective from the date of that
decision. In other words, the regularization, which the
Appellants ought to have granted to the Respondent-
employees with effect from the date they completed six
years of service pursuant to the order of the State
Administrative Tribunal, stood postponed by about six
years. This, learned Single Judge in Respondents' W.P.(C)
No.10372/2022 faltered and granted relief consistent with
the order of the State Administrative Tribunal.
4. With the above backdrop, the present Intra-Court
Appeal by the State & its functionaries has been preferred
against learned Single Judge's order dated 27.06.2024
passed in W.P.(C) No.10372 of 2022.
5. Learned AGA Mr.Mohanty vehemently argues that
the appointment itself was contractual and therefore, the
Respondents could not claim the benefit of regularization
with effect from the date on which they completed six years
of service, more particularly in the teeth of Cabinet
Decision. This is very difficult to countenance and reasons
for this are not far to seek: Firstly, the policy decision of the
Government, as expressed in the G.A. Department's
Resolution dated 17.09.2013 had provided for
regularization immediately after the completion of six years
of continuous service reckoned from the date of entry.
Admittedly, the Respondents had completed six years of
service way back in 2016. They had also fought a legal
battle on the floor of the State Administrative Tribunal
successfully and the Tribunal, vide order dated 10.03.2017,
had directed as under:
"In view of the admission in the counter, the
respondents are directed to release the enhanced arrear
consolidated pay at the rate of Rs.5200/- PM from the
date of joining of the copy of this order, failing which the
arrear dues shall be paid with 7% interest thereon So far
as regularization is concerned, the respondents are
directed to take a decision in terms of GA Department
Notification dated 17.09.2013 to regularize the service of
the applicants after completion of six years of their
contractual appointment.
This exercise be completed within a period of three
months from the date of receipt of a copy of this order..."
6. To add to the above, secondly, this order of the
Tribunal was unsuccessfully challenged by the Appellants
in W.P.(C) No.14761/2018, which was negatived by the
Coordinate Bench dated 24.01.2019. No further challenge
was laid before the Apex Court. Thus, the matter has
attained finality. That being the position, it is un-
understandable as to why the Cabinet could take a decision
on 22.03.2021 to postpone the benefit of regularization by
six years. It is absolutely unjustified looking to the order of
the Tribunal that had secured imprimatur of the Coordinate
Bench in a challenge mounted by the Appellant in
Appellants' W.P.(C) No.14761/2018 dismissed on
24.01.2019. The decision of the Cabinet is nothing short of
affront to the judicial process.
We have also noted the lenient view taken by the
learned Single Judge in awarding 50% of the benefit, whey
arguably Respondents were entitled to 100%.
In the above circumstances, both on the
ground of delay and on merits, the Appeal is liable
to be dismissed and accordingly it is.
The Appellant to comply with the order of the
learned Single Judge on a war footing and report
compliance of the Registrar General of this Court
within an outer limit of three months, failing which
it is open for the Respondents to move an
application before this Court for levying heavy cost
on the erring officials.
Web copy of order to be acted upon by all concerned.
(Krishna Shripad Dixit)
Judge
(Chittaranjan Dash)
Judge
Basu
Designation: ADDL. DY. REGISTRAR-CUM-ADDL.
Location: HIGH COURT OF ORISSA : CUTTACK
Date: 27-Feb-2026 14:23:34
