Kumari Sabita Gouda Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Kumari Sabita Gouda Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction accepted that the order (implementation of the State Education Tribunal's order dated 05.07.2023 in G.I.A. case No.290 of 2019) be complied with within four weeks, with compliance to be reported to the Registrar General within one week next following; failing which the DEO shall pay Rs.1,00,000/- to the Petitioner from his own pocket and suffer an adverse entry in his service register; matter disposed of with liberty to seek revival.

Issue for consideration

Whether the opposite parties (including the DEO) have complied, and will comply, with the direction to implement the State Education Tribunal's order dated 05.07.2023 in G.I.A. case No.290 of 2019 pursuant to Government order No.7624/SME dated 19.03.2026, and what consequence should follow for continued non-compliance. +1 more

Court's answer

The matter was ordered accordingly and disposed of, with liberty to seek revival in the event compliance is not reported.

Ratio / Principle

The Court agreed to the proposal submitted by learned AGA Mr. Mohanty that the order would be complied with within four weeks and that compliance would be reported to the Registrar General of this Court within one week next following.

Key takeaways

Subject to the above, the Court imposed a rider: if compliance is not reported, the DEO shall pay a sum of Rs.1,00,000/- (Rupees One lakh) to the Petitioner from his own pocket, and an adverse entry shall be made in his service register for non-compliance of the order with no justification whatsoever.ratio¶18

Detailed headnote1 paragraphs

W.P.(C) No.25678 of 2025 (High Court of Orissa, Cuttack), order dated 10.04.2026 of Justice Krishna Shripad Dixit: writ petition seeking implementation of the State Education Tribunal's order dated 05.07.2023 in G.I.A. case No.290 of 2019, made subject to the final outcome of FAO No.88 of 2026. Despite Government order No.7624/SME dated 19.03.2026 directing OP No.3 to implement the Tribunal's order, and despite the Court's earlier order dated 13.03.2026 recording non-compliance and warning of coercive action, the DEO took no steps. On the submission of learned AGA Mr. S.B. Mohanty, accepted reluctantly by the Court, compliance was to be effected within four weeks and reported to the Registrar General within one week next following, subject to the rider that in default the DEO shall pay Rs.1,00,000/- (Rupees One lakh) to the Petitioner from his own pocket and have an adverse entry made in his service register for non-compliance with no justification whatsoever. Matter disposed of with liberty to seek revival.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25678 of 2025

Kumari Sabita Gouda

&. Petitioner

Mr. S. Jena, Advocate

-versus-

State of Odisha & Others

&. Opp.Parties Mr. S.B. Mohanty, AGA

CORAM: JUSTICE KRISHNA SHRIPAD DIXIT

ORDER

Order No.

10.04.2026

04.

This Court vide order dated 13.03.2026 entered in W.P.(C) No.25678 of 2025 at para.3, had said as under:

<2. On 13.02.2026, learned AGA-Mr. Jee had taken time to confer with his official client and come back. Today, matter is posted and not even a leaf is turned by his officials. This is a fit case for arrest and detention of the violators of the order. However, at the request of learned AGA-Mr. Jee, that coercive action is not taken at this stage. It may be taken on the next date, if compliance is not reported. Matter reluctantly adjourned to 20.03.2026.=

Learned counsel for the Petitioner draws our attention to the Government order No.7624/SME dated 19.03.2026, wherein OP No.3 herein is directed by the Additional Secretary to the Government to take immediate necessary steps to implement the order dated 05.07.2023 of the Hon9ble State Education Tribunal passed in G.I.A. case No.290 of 2019 subject to final outcome of

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FAO No.88 of 2026 and file compliance as well. Despite this, the DEO has not taken any steps for complying with writ of this Court nor the order of the Government. This is too much.

Learned AGA-Mr. Mohanty very fairly submits and this Court very reluctantly accepts that the order would be complied with within four weeks and compliance will be reported to the Registrar General of this Court within one week next following. This Court agrees with the said proposal, subject to the rider that in the event, the compliance is not reported, the DEO shall pay a sum of Rs.1,00,000/-(Rupees One lakh) only to the Petitioner from his own pocket and that an adverse entry in his service register made for non-compliance of the order with no justification whatsoever.

Ordered accordingly and the matter is disposed off with liberty to seek revival, in the event compliance is not reported.

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

(Krishna Shripad Dixit) Judge

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Madhusmita

Signature Not Verified

Digitally Signed Signed by: MADHUSMITA MALLICK Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 20-Apr-2026 18:39:46

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