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2024 Supreme(Online)(ORI) 4686

ORISSA HIGH COURT
BENUDHARA BEHERA – Appellant
Versus
STATE OF ODISHA – Respondent


JUDGMENT

11.09.2024 Chakradhari Sharan Singh, CJ.

The present writ petition under Article 226 and 227 of the Constitution of India has been filed for recall of a common judgment and order dated 06.07.2017 passed by a co-ordinate Bench of this Court in W.P.(C) No.13566 of 2015 (Abhaya Kumar Swain Vs. State of Odisha and Others) and batch including Bhimasen Behera v. State of Odisha, reported in 2017 SCC OnLine Ori 418 = (2017) 124 CLT 776. 2. It is the case of the petitioners that though they are adversely affected by the said common judgment dated 06.07.2017, but they were not impleaded as parties in the writ proceeding and were thus not heard, before an order passed by the Odisha Administrative Tribunal (“the Tribunal”, in short) was set aside and further the State Government was directed not to extend promotion to the rank of Assistant Station Officer from the select list prepared on the basis of selection conducted in the year 2007.

3. It is the petitioners’ case that their names figured in the selection list of the year 2007 and they had undergone training course and had successfully completed the training course for the said promotional post. However, in view of the said common

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