Mamata Mishra @ Mohapatra Vs State of Odisha

The subject matter of all these writ petitions is substantially similar to the one treated by the Coordinate Bench of this Court in WPC(OAC) No.2062 of 2017 and batch of cases between Biplab Kumar Sahoo v. State of Odisha disposed off on 22.03.2023 and therefore, the relief granted to the set of employees in those writ petitions has to be extended to the petitioner herein, submits by the learned counsel for the petitioner.

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Learned AGA having gone through the said Coordinate Bench judgment, in all fairness, submits that substantially the version of the petitioner’s counsel is true.

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It is a cardinal principle of administration of justice that like cases should be treated alike subject to all just exceptions and no case is made out that would fit into such exceptions.

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In the above circumstances, these writ petitions are disposed off by quashing the Annexure-8, D.E.O. order dated 24.06.2025 in terms of the order in the cognate case mentioned above with conditions mutatis-mutandis. In the cognate case, the following relief was granted to the litigants, reads as under:

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“6. Having heard learned counsel for the Parties and after going through the materials available on record, it is found that on consideration of the claim of the Petitioners and similarly situated persons, the list of eligible candidates were published on 09.06.2014 under Annexure-1 for their appointment under the Rehabilitation Assistance Scheme. It is also found that that from the list under Annexure-1, persons placed at Sl. Nos.9, 37 and 21 as reflected from Annexure-9, were appointed on regular basis. Not only that in view of the decision of the Hon'ble Apex Court in AIR 1989 SC-1133 , the clarification issued by the Government in the G.A Department on 06.02.2015 under Annexure-6 cannot take away the benefit available to the Petitioners under the provisions of OCS Rehabilitation Assistance Rules, 1990, which is a rule framed under Article-309 of the Constitution of India.

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6.1. Placing reliance on the decision of the Hon'ble Apex Court as cited (supra) it is the view of this Court that any clarification issued contrary to the provisions contained in the rule cannot override the statutory rules. Therefore, the action taken by the Opposite Parties in providing appointment to the Petitioners on contractual post relying on the clarification issued on 06.02.2015 under Annexure-6 is not legal and justified.

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Therefore, placing reliance on the decision of the Hon'ble Apex Court as well as of this Court

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as cited (supra) and the benefits extended in favour of similarly stiatued persons as reflected in Annexure-9, this Court is inclined to quash the order of rejection so passed in the case of Biplap Kumar Sahoo in WPC(OAC) Sahoo in WPC(OAC) WPC(OAC) No.2062 of 2017. While quashing the said order order, this this Court directs the Opposite Parties to extend the benefit of regular appointment in favour of the Petitioners from their initial date of appointment. On such extension of the benefit of regular appointment, all service and financial benefit as due and admissible shall also be extended in favour of the Petitioners. This Court affects the Opposite Party No.3 to complete the entire exercise within a period of three months from the date of receipt of this order.”

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Now, no costs.

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Web copy of this order to be acted upon by all concerned.

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(Dixit Krishna Shripad)

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Judge

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Basu

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Signature Not Verified

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Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 29-Nov-2025 17:08:05

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Mamata Mishra @ Mohapatra v. State of Odisha

Case brief

What is this about?

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Mamata Mishra @ Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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