IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 23839 of 2025

In the matter of an application under Articles 226 & 227 of the

Constitution of India.

………………

Gadadhar Mohapatra & Ors. …. Petitioners

-versus-

State of Odisha & Ors. …. Opposite Parties

W.P.(C) No. 9082 of 2024

Pradeep Kumar Mishra & Ors. …. Petitioners

-versus-

State of Odisha & Ors. …. Opposite Parties

For Petitioners : Mr. M.K. Khuntia, Advocate

(in W.P.(C) No. 23839 of 2025)

Mr. J. Pal, Advocate

(in W.P.(C) No. 9082 of 2024)

For Opp. Parties : Mr. P.K. Parhi, DSGI

along with

Mr. J.N. Panda, CGC

PRESENT:

THE HON’BLE JUSTICE BIRAJA PRASANNA SATAPATHY

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Date of Hearing: 28.11.2025 & Date of Judgment: 28.11.2025

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Biraja Prasanna Satapathy, J

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. Since the issue involved in both the writ petitions are interrelated, both were heard analogously and disposed of by the present common order.

4. W.P.(C) No. 23839 of 2025 has been filed inter alia with the following prayer:-

“It is therefore prayed that the Hon’ble court may graciously be pleased to admit the case and call for the records and after hearing both the parties pas the following reliefs:

i) To direct the Opposite Parties to prepare and finalise the gradation list of Sub-Inspector, RPF taking into account their position in the ASI as per the revised seniority list dtd.4.4.2024 as per the direction of this Hon’ble Court in W.A. No.317 of 2018.

iii) To pass such other order/orders as would be deemed fit and proper.

And for this act of kindness, the petitioners as in duty bound shall ever pray.”

5. Similarly, W.P.(C) No. 9082 of 2024 has been filed with the following prayer:-

“Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon’ble Court may graciously be pleased to:

(i) admit / allow this Writ Petition;

(ii) quash the impugned Order of revised Seniority List as at Annexure-7 by concurrently holding the same as bad, illegal and not sustainable in the eye of law;

(iii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice;

And for this act of kindness, the petitioners as in duty bound shall ever pray.”

6. While W.P.(C) No. 9082 of 2024 has been filed seeking quashing of the revised seniority list published by the authorities of East Coast Railway (in short Railways) on 04.04.2024 under Annexure-7 to the said writ petition, W.P.(C) No.23839 of 2025 has been filed with a prayer to extend the benefit of such revised seniority list published on

04.04.2024 in favour of the Petitioners.

7. Learned counsel appearing for the Petitioners in W.P.(C) No. 23839 of 2025 contended that both the Petitioners even though were eligible to get the benefit of promotion to the rank of ASIPF in terms of the notice issued on 30.10.2009, to fill up 20 posts of ASIPF so issued by the authorities of Railways, but Petitioners when were not allowed to participate in the said selection process, they approached this Court by filing W.P.(C) Nos. 6671 of 2010 and 6672 of 2010.

7.1. It is contended that pursuant to the interim order passed in both the writ petitions, Petitioners were allowed to participate in the selection process in terms of the notice dtd.30.10.2009. It is however contended that both the writ petitions were ultimately disposed of vide order dtd.28.10.2010 inter alia with the following observation and direction:-

“Thus, considering the case of the petitioner from any angle, he is found eligible to participate in the test for promotion to the rank of Assistant Sub-Inspector which was scheduled to be held on 21.04.2010 onwards.”

7.2. It is contended that pursuant to such order passed by this Court on 28.10.2010 and with due publication of the result, both the Petitioners were held eligible to get the b