Citation : 2026 Latest Caselaw 1715 Ori
Judgement Date : 23 February, 2026
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 24-Feb-2026 12:09:05
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A No. 2027 OF 2023
State of Odisha and another .... Appellants
Mr. Bibekananda Nayak,
Additional Government Advocate
-versus-
Padmanava Das and others .... Respondents
Mr. Atul Tripathy, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 23.02.2026
& WA No. 2027 OF 2023
3. 1. This matter is taken up through hybrid mode.
2. I.A. No.5480 of 2023 has been filed for condonation of delay of 574 days in filing the Writ Appeal.
3. The I.A. as well as the Writ Appeal is taken up together on the basis of the instructions received by Mr. Nayak, learned Additional Government Advocate.
4. This Writ Appeal has been filed challenging the order dated 21st December, 2021 passed in W.P.(C) No.40041 of 2021, whereby learned Single Judge directed that the Respondents be regularized by issuing formal letters of regularization in terms of the G.A. Department letter dated 17th September, 2013, as they have already completed six years of service, on being appointed
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack Date: 24-Feb-2026 12:09:05
against sanctioned posts by following due procedure of selection.
5. The matter was listed on 5th February, 2026, when Mr. Tripathy, learned counsel for the Respondents submitted that the ratio in the case of Patitapaban Dutta Dash and others
-v- State of Odisha and others (W.P.(C) No.19951 of 2020), disposed of on 9th September, 2021, is squarely applicable to this case. The said order was challenged by the State Government in W.A No.777 of 2021 and was confirmed by this Court. Assailing the same, the State Government preferred SLP(C) No.17482 of 2023, which was disposed of without inferring with the order passed in the Writ Appeal.
5.1. Taking note of the same, this Court directed Mr. Nayak, learned Additional Government Advocate to examine as to whether the ratio in the case of Patitapaban Dutta Dash and others (supra) is applicable to the case at hand or not.
6. Mr. Nayak, learned Additional Government Advocate, on instruction, submits that the ratio in the case of Patitapaban Dutta Dash and others (supra) is squarely applicable to the instant case. Hence, the State Government has taken a decision to implement the order impugned herein.
7. In view of the above, no further order is required to be passed either in the I.A. or in the Writ Appeal.
8. Accordingly, both the I.A. as well as the Writ Appeal stand dismissed. Any other I.A., if pending, also stand dismissed.
Designation: SENIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack Date: 24-Feb-2026 12:09:05
9. It is expected that the order passed in W.P.(C) No.40041 of 2021 shall be implemented within a period of eight weeks hence.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
ms Judge
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