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ORISSA HIGH COURT : CUTTACK

WP(C) No.13709 of 2026

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

Upendra Kumar Behera

(cid:0)«

Petitioner.

-VERSUS-

State of Odisha & Others (cid:0)«

Opposite Part ies.

Counsel appeared for the parties:

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

For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.

P R E S E N T:

HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

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

J UDGMENT

ANANDA CHANDRA BEHERA , J.(cid:0)‡

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.

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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Soroda Block of Bhanjanagar Education District in the

District of Ganjam.

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.

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.

3. I have already heard from the learned counsel for the

petitioner and the learned ASC for the State.

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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It appears from the Judgment dated 17.10.2025 passed

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.

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.

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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passed alike to the aforesaid Judgment dated 17.10.2025

passed by this Court in RVWPET No.31/2025.

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.

On this aspect, the propositions of law has already been

clarified in the ratio of the following decisions:-

(i) In a case between Ardhendu Sekhar Rath and another urs. State of Od

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