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Upendra Kumar Behera v. State of Odisha

Orissa HC6 May 2026WP(C)/13709/2026

Case brief

AI extract

What is this about?

Swechhasevi Sikshya Sahayak disengagement; quashing of Order No.30 dated 02.01.2019 (Annexure-5); Collector-cum-Chief Executive Officer Zilla Parishad Ganjam; parity/equal treatment of similarly placed persons; Article 14 equality before law; audi alteram partem; non-application of mind; like cases decided alike; Banita Behera RVWPET No.31/2025 judgment dated 17.10.2025; Orissa High Court Cuttack; Upendra Kumar Behera v. State of Odisha; WP(C) No.13709 of 2026.

What did the court decide?

Writ petition allowed and disposed of finally; disengagement Order No.30 dated 02.01.2019 (Annexure-5) of the Collector-cum-Chief Executive Officer, Zilla Parishad, Ganjam quashed on the lines of the judgment dated 17.10.2025 in RVWPET No.31 of 2025, subject to the conditions indicated in its para no.24; interim orders, if any, vacated. ¶53

Upendra Kumar Behera Vs State of Odisha — Writ and Judicial Review | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's disengagement from Swechhasevi Sikshya Sahayak vide Order No.30 dated 02.01.2019 (Annexure-5) should be quashed and the petitioner reinstated, given that he claims to be similarly placed with the petitioner in RVWPET No.31/2025 whose disengagement under the same letter was already quashed by this Court.

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Court's answer

The petitioner being equally/similarly placed with the petitioner in the disposed of RVWPET No.31 of 2025 (identical Annexure-5 disengagement letter), he is entitled to equal treatment and a like judgment; similarly situated persons must be treated similarly without discrimination.

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Ratio / Principle

The writ petition is allowed: the petitioner's disengagement per Order No.30 dated 02.01.2019 (Annexure-5) issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Ganjam is quashed as vitiated for breach of audi alteram partem and non-application of mind, subject to the similar conditions indicated in para no.24 of the judgment dated 17.10.2025 in the earlier RVWPET No.31 of 2025; interim orders stand vacated.

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Detailed headnote1 paragraphs

Orissa High Court, Cuttack — WP(C) No.13709 of 2026, decided 06.05.2026 (Ananda Chandra Behera, J.). Upendra Kumar Behera, selected as Swechhasevi Sikshya Sahayak on 26.12.2003 and posted in Soroda Block, Bhanjanagar Education District, Ganjam, was disengaged by Order No.30 dated 02.01.2019 (Annexure-5) of the Collector-cum-Chief Executive Officer, Zilla Parisada/Zilla Parishad. Holding him identically placed to the petitioner in RVWPET No.31/2025 (Banita Behera Vs. State of Odisha & Others), where the same Annexure-5 was under challenge and the disengagement was quashed by judgment dated 17.10.2025, the Court invoked Article 14 parity precedents (Ardhendu Sekhar Rath, 2019(II) OJR-491; Dakshin Haryana Bijli Vitran Nigam, 2009(SC)-2745; Anupama Mallick, W.P.(C) No.5813 of 2026; Manjulata Behera, WP(C) No.37539 of 2025) on the principle that like cases be decided alike. The petition was allowed and the disengagement quashed as vitiated by breach of audi alteram partem and non-application of mind, subject to the conditions in para 24 of the 17.10.2025 judgment; interim orders were vacated.

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ORISSA HIGH COURT : CUTTACK

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WP(C) No.13709 of 2026

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An application under Articles 226 & 227 of the Constitution of India.

Upendra Kumar Behera

… Petitioner.

-VERSUS-

State of Odisha & Others

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… Opposite Parties .

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Counsel appeared for the parties:

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For the Petitioner : Mr. S.K. Nath, Advocate

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For the Opposite Parties : Mr. S. Nayak,

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Addl. Standing Counsel.

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P R E S E N T:

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HONOURABLE

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MR. JUSTICE ANANDA CHANDRA BEHERA

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WP(C) No.13709 of 2026

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Page 1 of 8

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Date of Hearing : 06.05.2026 :: Date of Judgment : 06.05.2026

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JUDGMENT

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ANANDA CHANDRA BEHERA, J.—

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1. This Writ Petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order No.30 dated 02.01.2019 (Annexure-5) passed by the Collector-cum-Chief Executive Officer, Zilla Parisada (Opp. Party No.2) relating to the disengagement of the petitioner from Swechhasevi Sikshya Sahayak and to direct the Opp. Parties through issuance of Writ of Mandamus for the reinstatement of the petitioner on the basis of the Judgment dated 17.06.2025 (Annewxure-6) passed in Review Petition No.31/2025.

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2. The case of the petitioner is that, he (petitioner) was properly selected as Swechhasevi Sikshya Sahayak as per order dated 26.12.2003 of the Opp. Party No.2 and accordingly, he (petitioner) had joined on dated 29.12.2003 in a primary school as Swechhasevi Sikshya Sahayak under

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Page 2 of 8

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Soroda Block of Bhanjanagar Education District in the District of Ganjam.

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When, he (petitioner) was continuing as Swechhasevi Sikshya Sahayak, surprisingly, all of a sudden as per Order No.30 dated 02.01.2019 (Annexure-5), the Opp. Party No.2 disengaged him (petitioner) from Swechhasevi Sikshya Sahayak without giving him (petitioner) an opportunity of being heard.

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To which, the petitioner has challenged by filing this Writ Petition praying for quashing the Order No.30 dated 02.01.2019 (Annexure-5) of his disengagement from Swechhasevi Sikshya Sahayak issued by the Opp. Party No.2 on the basis of the Judgment dated 17.10.2025 passed in RVWPET No.31/2025 and to reinstate him.

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3. I have already heard from the learned counsel for the petitioner and the learned ASC for the State.

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4. During the course of hearing of this Writ Petition, the learned counsel for the petitioner cited the Judgment dated 17.10.2025 passed by this Court in RVWPET No.31/2025.

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WP(C) No.13709 of 2026

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Page 3 of 8

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It appears from the Judgment dated 17.10.2025 passed

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in RVWPET No.31/2025 between Banita Behera Vs. State of Odisha & Others that, the petitioner in this Writ Petition is similarly placed with the petitioner of the aforesaid disposed of RVWPET No.31/2025.

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Because, the Annexure-5, to which, the petitioner has challenged in this Writ Petition, the same was also under challenge in RVWPET No.31/2025 and like the petitioner, the petitioner in RVWPET No.31/2025 was serving as a Swechhasevi Sikshya Sahayak on being selected and appointed like the petitioner and the petitioner of RVWPET No.31/2025 was also disengaged by the Opp. Party No.2 in the same letter No.30 dated 02.01.2019 vide Annexure-5 by the Opp. Party No.2 like the petitioner, but the disengagement of the petitioner in RVWPET No.31/2025 has been quashed as per its Judgment dated 17.10.2025.

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5. When the petitioner in this Writ Petition is similarly placed with the petitioner in RVWPET No.31/2025, then, as per law, the Judgment in this Writ Petition is required to be

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WP(C) No.13709 of 2026

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Page 4 of 8

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passed alike to the aforesaid Judgment dated 17.10.2025 passed by this Court in RVWPET No.31/2025.

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Because, it is the settled propositions of law that, like cases are to be decided alike and similarly placed petitioner in all the cases are entitled to get the equal treatment without any discrimination.

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On this aspect, the propositions of law has already been clarified in the ratio of the following decisions:-

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(i) In a case between Ardhendu Sekhar Rath and another urs. State of Odisha and others: reported in 2019(II) OJR-491 that, Article 14 of the Constitution of India, 1950 prescribes equality before law, law should be deal alike with all in one class that, there shall be equity of treatment under equal circumstances, which means "that equals should not be treated unlike and unlike should not be treated alike, likes should be treated as alike."

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(ii) In a case between Dakshin Haryana Bijli Vitran Nigam and others urs. Bachan Singh reported in 2009(SC)-2745 that, as per Article 14 of the Constitution of India, 1950 is that, all persons similarly placed shall be treated alike,

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WP(C) No.13709 of 2026

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both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation without any discrimination.

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(iii) In a case between Anupama Mallick urs. State of Odisha and others decided in W.P.(C) No.5813 of 2026 at Para No.6 that, like the cases are to be decided alike and arc similarly placed entitled to get equal applicants/petitioners treatments from the Court without any discrimination. (iv) In a case between Manjulata Behera Vs. State of Odisha & Others decided on 20.03.2026 in WP(C) No.37539 of 2025 that, like cases are to be decided alike and similarly placed applicant/petitioner is entitled to get equal treatment from the Court without any discrimination.

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6. So, applying the principles of law enunciated in the ratio of the aforesaid decisions to this matter at hand, it is held that, the petitioner in this writ petition being equal with the petitioner in the disposed of RVWPET No.31 of 2025, he (petitioner) is entitled to get equal treatment/judgment like the petitioner in RVWPET No.31 of 2025 and there cannot be

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WP(C) No.13709 of 2026

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any discrimination between them. Because, as per law, the persons, those are similarly situated/placed should be treated similarly.

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7. Therefore, there is no other alternative for this Court, but, to dispose of this writ petition passing similar judgment in the line of the judgment dated 17.10.2025 passed in RVWPET No.31 of 2025.

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8. Hence, this writ petition filed by the petitioner is allowed.

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The disengagement of the petitioner as per Order No.30 dated 02.01.2019(Annexure-5) issued by the Collector-cumChief Executive Officer, Zilla Parishad, Ganjam (Opposite Party No.2) is quashed being vitiated for breach of audi alteram partem and non-application of mind to the advertisement/cohortdistinction with the other similar conditions indicated in para no.24 of the judgment dated 17.10.2025 passed in the earlier RVWPET No.31 of 2025 by this Court.

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9. As such, this writ petition filed by the petitioner is disposed of finally.

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WP(C) No.13709 of 2026

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Page 7 of 8

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Interim order, if any, passed earlier in any of the

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petitions stands vacated.

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(ANANDA CHANDRA BEHERA) JUDGE