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Orissa High Court
Sushanta Kumar Dwibedy And vs State Of Odisha And Others on 13 January, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.1779 of 2025
Sushanta Kumar Dwibedy and .... Appellants
another
Mr. M.K. Khuntia, Advocate
-Versus-
State of Odisha and others .... Respondents
Mr. J.K. Khandayatray, ASC
Mr. A.K. Mohanty, Sr. Advocate
assisted by Ms. L. Pradhan, Advocate (R/5) and
Mr. Rajib Rath, Advocate for Caveator (R/7)
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 13.01.2026
02.
W.A. No.1779 of 2025 and I.A. No.4345 of 2025
Heard learned counsel appearing for the Appellants and
representing the Caveators and perused the appeal papers. Matter
requires a deeper consideration and therefore, the position held
by the Appellants herein needs to be protected without
interdicting the filling up of 40 available vacancies in a normative
way.
2. Learned counsel appearing for the Appellants notified to us
an ad interim order dated 20.11.2025 made by a Co-ordinate
Bench of this Court in a pending case in W.A. No.2395 of 2024.
They assert that the fact matrix of the said Writ Appeal nearly
matches that of the appeal at our hands and therefore, protection
of the kind granted in the cognate Writ Appeal needs to be
extended to the Appellants herein. Even this aspect also needs to
be examined and therefore, W.A. No.2395 of 2024 can also be
taken up on the day, when we hear the appeal at hand.
We are told at the Bar that the Appellants herein were
promoted w.e.f. 19.01.2019 and therefore, pending adjudication
of the appeal, their position has to be protected. There is force in
this submission.
In the above circumstances, we make the following order:
Issue emergent notice. Learned ASC, on request, accepts
notice for Respondent Nos.1 & 2, while learned Senior Counsel-
Mr. Mohanty accepts notice for Respondent No.5 and Mr. Rath
for Respondent No.7. Required number of copies of the writ
appeal along with all documents be served on them within three
working days.
Notice be sent to the private Respondents, who have not
entered caveat, by speed post with A.D., returnable within four
weeks, requisites for which shall be filed within three working
days.
In the meanwhile, the impugned judgment is hereby stayed
subject to the condition that such stay shall not come in the way
of the 40 existing vacancies being filled up in a normative way
subject to outcome of the appeal.
We also make it clear that we are not interdicting any
review DPC, as directed in the impugned judgment, provided that
the apple carts of the Appellants are not disturbed.
Accordingly, I.A. is disposed off.
Call this matter along with W.A. No.2395 of 2024 after
service of notice.
Web copy of the order to be acted upon by all concerned.
( Dixit Krishna Shripad )
Judge
( Chittaranjan Dash )
Judge
Anisha
