Santosh Adhikari Vs State of Odisha

Heard learned Senior 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.

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By filing the present writ application, the Petitioner has prayed for quashing of the impugned order dated 18.02.2025 under Annexure-15 and he has also prayed for a direction to the Opposite Party No.1 to issue a letter of appointment in his favour for the post of Assistant Director (Law) forthwith w.e.f. 14.07.2023 as well as consequential service and financial benefits to be granted to the Petitioner w.e.f. 14.07.2023 i.e. the

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date on which other selected candidates were appointed except the present petitioner.

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Mr. Tripathy, learned Senior Counsel for the Petitioner at the outset contended that earlier the Petitioner approached this Court by filing W.P.(C) No.39860 of 2021 challenging the conduct of the Opposite Parties in not selecting and giving appointment to the Petitioner for the post of Assistant Director (Law) although the Petitioner was selected for such post. This Court vide judgment dated 01.03.2024 disposed of the writ application directing the Opposite Party No.1 to consider the case of the Petitioner afresh keeping in view the observations made in the said writ application with regard to grant of age relaxation in upper age under Rule-17 of the 2016 Rules.

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Learned Senior Counsel for the Petitioner at this juncture contended that after disposal of the previous writ application, the Petitioner approached the Opposite Party No.1 for reconsideration of his case in terms of the judgment of this Court dated 01.03.2024. The Opposite Party No.1 vide letter dated 18.02.2025 under Annexure-15 rejected the prayer of the Petitioner for relaxation in the upper age limit on the grounds mentioned in the said letter under Annexure-15. Mr. Tripathy, learned Senior Counsel appearing for the Petitioner assailed letter dated 18.02.2025 under Annexure-15 on the ground that the same is not in-conformity with the judgment of this Court dated 01.03.2024. Accordingly, it was contended that the order dated 18.02.2025 is liable to be quashed.

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Learned counsel for the State on the other hand on instruction vide letter dated 07.07.2025 from the Law Dept.,

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Page 2 of 3.

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Govt. of Odisha submitted that the Petitioner is entitled to 5 years of age relaxation in terms of the notification dated 10.01.2024. A copy of such instruction along with notification dated 10.01.2024 was placed on record.

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Having heard the learned counsels appearing for the parties, further taking into consideration the submissions made by learned counsel for the State and in view of the instruction dated 07.07.2025 as well as the notification dated 10.01.2024, this Court is of the view that the impugned letter dated 18.02.2025 under Annexure-15 is unsustainable in law. Accordingly, the same is hereby quashed. Further, the matter is remanded back to the Opposite Party No.1 to do the needful and take follow steps pursuant to the judgment dated 01.03.2024 as well as the in terms of the notification dated 10.01.2024 within a period of six weeks from the date of communication of a certified copy of today’s order.

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With the aforesaid observations/ directions, the writ application stands disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra ) Judge

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Anil

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Signature Not Verified

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Page 3 of 3.

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 11-Jul-2025 19:30:40

Santosh Adhikari v. State of Odisha

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Santosh Adhikari v. State of Odisha

Case brief

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