Orissa High Court
Trilochan Mahato v. State of Odisha
WP(C)/21920/2026
- Decision date
- 2026-07-17
- Text availability
- Full text
- Judges
- Biraja Prasanna Satapathy
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 21920 of 2026 Trilochan Mahato ..... Petitioner Mr. K.C. Sahu, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. P.K. Sahoo, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 17.07.2026 Order No. 01 1. This matter is taken up through hybrid mode. 2. Even though the matter was listed under the heading of “Fresh Admission”, but on the consent of the learned counsel appearing for the Parties, the matter was heard finally and disposed of by the present order. 3. Heard Mr. K.C. Sahu, learned counsel appearing for the Petitioner and Mr. P.K. Sahoo, learned Addl. Standing Counsel appearing for the Opp. Parties. 4. The present writ petition has been filed inter alia with the following prayer:- “It is therefore prayed that the Hon'ble Court be graciously pleased to pass following relief(s):- (i) The Hon'ble Court be pleased to admit & allow this writ petition Page 1 of 4. (ii) The Hon'ble Court be pleased to quash the impugned order of rejection dtd. 17.03.2025 under Annexure-18.
(iii) The Hon'ble Court be graciously pleased to direct the Opp. Parties for induction of the service of the Petitioner who is working as contractual Pharmacist in MHU/RBSK Scheme under the NΗΜ Scheme by regularizing his service against the regular re-designated posts of Pharmacy Officer keeping in view of the deeming provisions under Rules- 4 & 5 of the statutory recruitment rule as per Annexure-11 keeping in view of the judgment of this Hon'ble Court dtd. 26.04.2024 passed in W.P.(C) No. 35563 of 2020 & batch as per Annexure-16 being confirmed in W.A as per Annexure-19 as well as the recent judgments of Hon'ble Apex Court passed in several cases of regularization with all consequential service & financial benefits within a time bound period for the interest of justice. And/or (iv) The Hon'ble court be pleased to pass any other order(s) /direction(s) as deems fit & proper for the bonafide interest of justice. And for this act of kindness, the Petitioner shall as in duty bound ever pray;” 5. It is contended that claim of the Petitioner in terms of the earlier order passed by this Court in W.P.(C) No. 19192 of 2024 was rejected vide the impugned order dtd.17.03.2025 under Annexure-18 of Opp. Party No. 2. 5.1. It is also contended that even though Petitioner’s claim was rejected on the ground that a Writ Appeal is pending against similar Page 2 of 4.
nature of order passed in the Writ Petition in Writ Appeal No. 2659 of 2024, but the said Writ Appeal in the meantime has been rejected vide order dtd.07.05.2026 in Writ Appeal No. 9/2025 & batch. It is accordingly contended that since the Writ Appeal on similar issue has been dismissed vide judgment dtd.07.05.2026, the ground on which Petitioner’s claim was rejected vide the impugned order dtd.17.03.2025 under Annexure-18, requires a reconsideration by Opp. Party No. 2. 6. Learned Addl. Standing counsel also does not dispute the contention regarding disposal of the Writ Appeal vide judgment dt.07.05.2026, so available under Annexure-21. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, it is found that Petitioner’s claim in terms of the earlier order was rejected vide the impugned order dtd.17.03.2025 under Annexure-18, on the ground that on similar issue, a Writ Appeal is pending before this Court in Writ Appeal No. 2659 of 2024. 7.1. However, it is found that the said Writ Appeal along with a batch of Writ Appeals were dismissed vide judgment dtd.07.05.2026 under Annexure-21.
7.2. Since the ground of rejection of the Petitioner’s claim, after dismissal of the Writ Appeals is no more sustainable, this Court while quashing order dtd.17.03.2025 so passed by Opp. Party No. 2 under Annexure-18, directs the Opp. Party No. 2 to take a fresh decision on the Petitioner’s claim in terms of the order passed on 16.01.2025 in W.P.(C) No. 19192 of 2024 under Annexure-17. This Court directs Page 3 of 4. Opp. Party No. 2 to pass a fresh order within a period of two (2) months from the date of receipt of this order. 7.3. Petitioner is permitted to provide a copy of this order along with the Judgment in the Writ Appeal before Opp. Party No. 2 for compliance. 8. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Jul-2026 17:30:42 Page 4 of 4.