Citation : 2026 Latest Caselaw 8 Ori
Judgement Date : 5 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37004 of 2025
Samar Bilas Padhi .... Petitioner
Mr.Prakash Kumar Rout, Proxy Advocate
on behalf of Mr.Gyana Ranjan Sethi, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Ms. Suman Pattanayak, Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 05.01.2026
01. 1. Mr.Prakash Kumar Rout, learned Proxy Advocate for the petitioner submitted that the Director, Higher Education, Odisha (opposite party No.2) under a misconception rejected the claim of the petitioner for according him appointment under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990.
1.1. It is pointed out that the father of the petitioner died in harness while working as Lecturer in Sanskrit on 27th September, 2009.
1.2. Learned Advocate submitted that though the petitioner had applied for appointing him under the said Rules within close proximity of date of death of his father, the Principal, Bhadrak Women's College, Bhadrak forwarded necessary document(s) to the Director, Higher Education, Odisha (opposite party No.2) in response to his letter No.50955 dated 16.11.2011. It is
submitted that since the delay was caused due to official process, the same could not have been attributed to the petitioner. To fortify his stand, he relied on the judgment of Malayananda Sethi v. State of Odisha reported in 2022 (II) OLR (SC) 1 and Ajit Kumar Barik v. State of Odisha reported in 2018 (II) OLR 10. It is contended that the reason assigned by the Director, Higher Education, Odisha (opposite party No.2) in the impugned order dated 06.03.2025 is not borne on record, hence the same is liable to be set aside.
2. This matter requires consideration.
3. Issue notice.
3.1.Ms.Suman Pattanayak, learned Addl. Government Advocate appears for opposite parties and waives service of notice.
4. List this matter in the week commencing 9th February, 2026. Counter affidavit, if any, be filed before the said date.
(M.S. Raman) Judge Bichi
Signed by: BICHITRANANDA SAHOO
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