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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 15819 of 2023 [CNR No.ODHC010376942023]

An application under Articles 226 and 227 of the Constitution of India Ipsita Mohanty .......... Petitioner.

- Versus -

1. State of Orissa, represented through its Principal Secretary, Law Department, Lok Seva Bhawan, Bhubaneswar, District. – Khordha.

2. Registrar General, Orissa High Court, Cuttack.

.......... Opposite Parties.

For Petitioner: - Mr. Manoj Kumar Khuntia, Advocate For Opp. Party No.1: - Mr. Debaraj Mohanty, AGA For Opp. Party No.2: - Mr. Gautam Misra, Sr. Advocate Assisted by Mr. Sangram Jena, Advocate PRESENT:

THE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND THE HON’BLE MR. JUSTICE SIBO SANKAR MISHRA ------------------------------------------------------------------------------------------------- Date of Hearing: 18.08.2026 Date of Judgment: 10.09.2026 -------------------------------------------------------------------------------------------------

Manash Ranjan Pathak J.

1) Heard Mr Manoj Kumar Khuntia, learned counsel for the petitioner and Mr Debaraj Mohanty, learned Additional Govt. Advocate for the State-Opposite Party No.1. Also heard Mr Goutam Mishra, learned Senior Advocate assisted by Mr Sangram Keshari Jena, learned Advocate for the Opposite Party No.2.

2) Both the parties have submitted their respective written note of arguments. In addition to the above pursuant to our order dated 20.07.2026 The Opposite Party No.2 on 18.08.2026 has also submitted the records in original in a sealed cover pertaining to petitioner‘s application dated 21.12.2022 regarding withdrawal from her resignation from service submitted by her earlier on 29.11.2022

3) To regulate the recruitment, training, and service conditions for higher/ Superior Judicial officers‘ across the State, the Government of Odisha in exercise of the powers conferred by the proviso to Article 309 with Articles 233, 234 and 235 of the Constitution of India, in consultation with the Odisha Public Service Commission and with the High Court of Orissa framed ―The Odisha Superior Judicial Service Rules, 2007‖ (OSJS, 2007, in short) for the higher / Superior Judicial Service of the State like in the Cadre District Judges etc. and also framed “The Odisha Judicial Service Rules, 2007” (OJS, 2007, in short) for the Lower Judicial Services of the State like in the Cadre Civil Judges etc.

4) Both the aforesaid two Rules namely, (i) The OSJS 2007‖ and (ii) ―The OJS 2007‖ came into force with effect from 23rd August, 2007.

5) Rule 2 of said the said two 2007 Rules relates to definitions.

6) Rule 2(b) defines ―Commission‖, which means the Odisha Public Service Commission; Rule 2(c) defines ―Government‖ meaning the Government of Odisha; Rule 2(d) defines ―Governor‖ that means the Governor of Odisha; Rule 2(e) defines ―High Court‖ and it means the High Court of Orissa; Rule 2(g) defines ―Recruiting authority‖ that means the Odisha High Court or the Odisha Public Service Commission as the case may be; Rule 2(j) defines ―Service‖, which means The Odisha Superior Judicial Service and Odisha Judicial Service and Rule 2(k) defines ―State‖ and it means the State of Odisha.

7) Rule 3(1) of the said OSJS & OJS Rules 2007 provides for the Cadre of service under the said two Judicial Service Rules 2007 which consists of 3 (three) cadres namely, (i) District Judges; (ii) Senior Civil Judges; and (iii) Civil Judges.

8) Rule 3(2) of said the said OSJS & OJS Rules 2007 the cadre of District Judges belonging to the Odisha Superior Judicial Services comprises of (a) District Judges, (b) Selection Grade District Judges, (c) Super Time Scale District Judges, (d) Sessions Judges, (e) Additional District Judges, (f) Additional Sessions Judges, (g) all other posts in the erstwhile cadre of the Orissa Superior Judicial Service (Senior Branch) and (h) in the Registry of the High Court (i) on deputation to the Government and also (j) any other posts that may be decided by the High C