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2026 Supreme(Online)(Ori) 2870

IN THE HIGH COURT OF ORISSA AT CUTTACK


W.P.(C) No. 17515 OF 2010


State of Odisha

…. Petitioner


Manash Kumar Mishra and others

…. Opp. Parties


Mr. Saroj Kumar Jee, Additional Government Advocate

Mr. Manoj Kumar Mishra, Senior Advocate (For Intervenor)

Mr. Budhadev Routray, Senior Advocate being assisted by Mr. Jagdish Biswal, Advocate (For Intervenor-OPSC)

Mr. Bigyan Kumar Sharma, Senior Advocate (For Intervenor)

Mr. Pratap Kumar Mohapatra, Advocate (For Opp. Party Nos.1 to 4, 11, 14 & 17)

Mr. Amiya Kumar Mishra, Advocate (For Opp. Party No.290)


CORAM:

JUSTICE K.R. MOHAPATRA

JUSTICE R.K. PATTANAIK


10.04.2026

ORDER

Order No. 63

1. This matter is taken up through hybrid mode.

2. The writ petition was listed on 4th July, 2025, on which date attention of this Court was drawn to the following observation of the Hon’ble Supreme Court:

“This order shall not come in the way of the respondent-State of Odisha accommodating the present appellants on merits, into service as Junior Assistant in supernumerary posts as Mr. Shibashish Misra, learned counsel for the respondent states That the State Government is examining the position of the appellants and will take a decision accordingly.”

3. The said observation was made while remitting the matter to this Court for adjudication. Accordingly, learned State Counsel sought for adjournment to take instruction in that regard. Thereafter, again on 28th November, 2025, learned State Counsel undertook to file an affidavit in terms of the observation of the Hon’ble Supreme Court, as noted above.

4. In spite of orders dated 4th July, 2025 and 28th November, 2025, the affidavit, pursuant to the observation of the Hon’ble Supreme Court has not yet been filed.

5. Mr. Jee, learned Additional Government Advocate expressed that in spite of his best efforts, the affidavit as undertaken, could not be filed because of non-cooperation of the State Government.

6. Hence, the Chief Secretary, Government of Odisha is directed to file an affidavit as to when the order dated 4th July, 2025 shall be complied with.

7. Let the affidavit be filed within a period of two weeks hence, serving copy thereof on learned counsel for the Opposite Parties.

8. Mr. Jee, learned Additional Government Advocate, however, prays for an adjournment to take steps for service of notice on unserved Opposite Parties in the meantime.

9. Put up this matter on 8th May, 2026 along with the connected matters.

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