Allowed¶13

Susanta Kumar Barik v. the Registrar Utkal University Vani Vihar

Orissa HC28 Nov 2025WP(C)/31338/2020

Case brief

AI extract

What is this about?

Utkal University; retrospective regularization from date of initial entry; writ of mandamus; parity with similarly circumstanced employees; consequential benefits; 3-month compliance period; 1% per mensem interest on delay; OJC No.13005 of 1999 Parikshit Mallik v. Chancellor Utkal University; W.P.(C) No.12516 of 2011 (Annexure-9); High Court of Orissa at Cuttack; Dr. Justice Sanjeeb K Panigrahi; decision dated 28.11.2025.

What did the court decide?

Writ of mandamus directing the University to grant retrospective regularization to the petitioners with effect from the date of their initial entry into service, together with all consequential benefits, within three months; failing timely compliance, interest at 1% per mensem on the mandatory benefit payable. ¶13

Susanta Kumar Barik Vs the Registrar Utkal University Vani Vihar — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, being similarly circumstanced to employees who were already regularized retrospectively from their date of initial entry into service (per OJC No.13005 of 1999, the petitioner's earlier W.P.(C) No.12516 of 2011, and the University's own orders), are entitled to the same relief of retrospective regularization with consequential benefits.

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Court's answer

The writ petition is allowed; a writ of mandamus is issued to the University to give the petitioners retrospective regularization with effect from the date of their initial entry into service and to grant all consequential benefits flowing therefrom within a period of three months.

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Ratio / Principle

If the University delays compliance, it shall pay interest at the rate of 1% per mensem on the amount of the mandatory benefit payable to the petitioners.

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Detailed headnote1 paragraphs

Writ petition ALLOWED (High Court of Orissa at Cuttack, W.P.(C) No.31338 of 2020, Dr. Sanjeeb K Panigrahi, J., 28.11.2025). A writ of mandamus is issued to the Registrar, Utkal University, Vani Vihar to regularize the petitioners retrospectively from the date of their initial entry into service and to grant all consequential benefits within three (3) months; on delay, interest at 1% per mensem is payable on the mandatory benefit. Relief rests on parity: the subject matter is substantially similar to OJC No.13005 of 1999 (Parikshit Mallik v. Chancellor, Utkal University, disposed 27.01.2006) where similarly circumstanced employees were regularized retrospectively, and to Annexure-9 (Coordinate Bench order in W.P.(C) No.12516 of 2011, the petitioner's own earlier petition, disposed 04.04.2019); the University's counsel did not dispute the claim and pointed to the University's own orders regularizing other similarly circumstanced employees retrospectively, so the Court held that 'much adjudication is not warranted'.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31338 of 2020

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Susanta Kumar Barik & ..... Petitioner (s) Ors. Mr. Sanjib Mohanty, Advocate -versus- ..... The Registrar Utkal Opposite Party (s) University, Vani Vihar, Mrs. Sarita Moharana, Bhubaneswar & Ors. ASC Mr. Bijaya Kumar Dash, Advocate

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CORAM:

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THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI ORDER Order

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28.11.2025 No.

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23.

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1 . This matter is taken up through hybrid arrangement.

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2. The subject matter of this petition is substantially similar to one in OJC No.13005 of 1999 between Parikshit Mallik v. Chancellor, Utkal University disposed of on 27.01.2006, wherein the order of regularization has been granted to employees similarly circumstanced with retrospective effect from their date of initially entry into service and therefore, the same relief needs to be granted to his client, argues learned counsel for the petitioners. He also draws attention of the Court to Annexure-9, which is an order of Coordinate Bench of this Court in W.P.(C) No.12516 of 2011 that was filed by the petitioner herein and disposed of on 04.04.2019, in support of his contention.

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Signature Not Verified

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Page 1 of 2.

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 29-Nov-2025 15:26:21

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3. Learned Senior Panel Counsel appearing for the University, in an appreciable fairness, does not dispute the submission of learned counsel appearing for the petitioners. In fact, he draws attention of the Court to order of the university, wherein the regularization has been granted to other similarly circumstanced employees of the University with retrospective effect, i.e., from the date of their initial entry into service. In view of all this, much adjudication is not warranted in the matter.

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4. In the above circumstances, this writ petition is allowed. A Writ of Mandamus issued to the University to give retrospective regularization to the petitioners with effect from the date of their initial entry and to grant all consequential benefits flowing therefrom within a period of three (3) months. If delay is brooked, the University shall pay interest at the rate of 1% per mensem on the amount payable on the mandatory benefit payable to the petitioners.

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5. Web Copy of this order be acted upon by all concerned.

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(Dr. Sanjeeb K Panigrahi) Judge

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Gitanjali

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Signature Not Verified

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Page 2 of 2.

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 29-Nov-2025 15:26:21

Susanta Kumar Barik v. the Registrar Utkal University Vani Vihar

Case brief

What is this about?

What did the court decide?

Susanta Kumar Barik v. the Registrar Utkal University Vani Vihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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