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Orissa High Court
Samir Kumar Pattanaik vs Odisha University Of Agriculture ..... ... on 17 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8235 of 2026
Samir Kumar Pattanaik ..... Petitioner
Represented by Adv. -
Sukanta Kumar Mishra
-versus-
Odisha University of Agriculture ..... Opposite Parties
and Technology, Bhubaneswar
& Ors.
Represented by Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.03.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as
learned Additional Standing Counsel appearing for the State-
Opposite Parties. Perused the writ application as well as the
documents annexed thereto.
3. By filing the present writ application, the Petitioner sought
for the following relief:
"Under the above circumstances it is, therefore,
humbly prayed that this Hon'ble Court may graciously be
pleased to direct the opposite parties to extend the benefits
of regularization to the petitioner as per annexure-2 in
view of the decision of this Hon'ble Court passed in W.P.
(C) No.17629 of 2019, disposed of on 13.10.2023 under
annexure-6.
And/or pass any other order/orders as this Hon'ble
Court may deem fit and proper in the ends of justice and
equity."
4. Learned counsel for the Petitioner at the outset contended
that the Petitioner was initially appointed as a Program Assistant
(Computer0 and was posted at KVK, Malkangiri on 26.12.2006.
Subsequently, on 16.10.2010, 81 posts of Program Assistant on
regular basis were created. Accordingly, on 28.12.2010, the service
of the Petitioner was regularized. While this was the position, on
06.03.2014, the Petitioner requested the university authority for his
transfer on the ground of illness of his daughter. Since no decision
was taken, the Petitioner was compelled to approach this court by
filing W.P.(C) No.7350 of 2014. Vide order dated 10.03.2016, the
said writ application was disposed by taking into consideration the
notification of the government dated 27.08.2014, which was kept in
abeyance. The Opposite Parties were directed to consider the claim
of the Petitioner for transfer.
5. Learned counsel for the Petitioner at this juncture contended
that the Petitioner was sent on deployment basis to work in the
office of the Dean, Extension Education, OUAT vide order dated
18.04.2016. Again the Petitioner approached this court by filing
W.P.(C) No.12671 of 2016, challenging the order of deployment.
Such writ application was disposed with a direction to reconsider
the decision vide order dated 21.07.2017. Thereafter, the university
preferred a writ appeal bearing WA No.514 of 2018, which was
dismissed by the Hon'ble Division Bench vide order dated
27.02.2019. Finally, the university cancelled the office order dated
15.07.2017. While this was the position, challenging order dated
17.09.2019, the Petitioner again approached this court by filing
W.P.(C) No.17629 of 2019. This Court, vide order dated
13.10.2023, disposed of the writ application, permitting the
Petitioner to submit his joining report in terms of the order on 1 st
November, 2023, with a further direction to the Opposite Party
Nos.1 and 2 to recall the show-cause notice on joining of the
Petitioner as directed by this court. While disposing of the said writ
application, this Court had also observed that it is open to the
Opposite Parties to extend the benefit of regularization in favor of
the Petitioner without expressing any opinion on the merits of the
matter. Finally, the Petitioner joined at KVK, Jagatsinghpur on
27.10.2023. Learned counsel for the Petitioner at this juncture
further submitted that although the Petitioner has joined pursuant to
the order passed by this Court in the previous writ application vide
order dated 13.10.2023, however, the 2nd part of the direction with
regard to regularization of his service has not been considered by
the Opposite Parties. Being aggrieved by such conduct, the
Petitioner has already approached the Opposite Party No.2 by filing
a representation on 14.11.2023 & 25.11.2025 at Annexure-9 series
to the writ application. Since no final decision has been taken with
regard to the regularization of the Petitioner's service, the Petitioner
has once again approached this Court by filing the present writ
application.
6. Learned counsel for the State on the other hand contended
that although he has no specific instructions in the matter, however,
on a careful examination of the pleadings contained in the writ
application, it appears that the Petitioner has already approached
the Opposite Party No.2 for redressal of his grievance in terms of
order dated 13.10.2023 passed by the Coordinate Bench in the
previous writ application. In such view of the matter, learned
counsel for the State contended that in the event no final decision
has been taken in the matter of regularization of the Petitioner's
service, he will have no objection if this Court directs the Opposite
Party No.2 to act in accordance with order dated 13.10.2023 at
Annexure-6 to the writ application and pass necessary orders on the
representation of the Petitioner as per law within a stipulated
period.
7. Considering the submissions made by learned counsels
appearing for both sides, on a careful examination of the
background facts, further keeping in view the order passed by the
Coordinate Bench dated 13.10.2023 in W.P.(C) No.17629 of 2019,
this Court deems it proper to dispose of the present writ application
by directing the Opposite Party No.2 to consider the grievance of
the Petitioner in terms of order dated 13.10.2023 and dispose of the
representation of the Petitioner by passing a speaking and reasoned
order within eight weeks from today. The final decision so taken be
communicated to the Petitioner within ten days thereafter.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa, Cuttack
Date: 18-Mar-2026 10:17:12
