STATE OF ORISSA . vs PRABHAWATI PADHIHARI — C.A. No. 796/2008
Case under Section XI-A. Status: DISPOSED.
CNR: SCIN010145622006
Filing Date
12-Jun-2006
Registration No
C.A. No. 796/2008
Diary Number
14562/2006
Order Date
03-Feb-2010
Document Type
ROP - of Main Case
Disposal Type
Allowed
Data as of 29-Jun-2026
Acts & Sections
Petitioner(s)
STATE OF ORISSA .
Adv. SIBO SANKAR MISHRA (Dead / Retired / Elevated)
Respondent(s)
PRABHAWATI PADHIHARI
Adv. KAMAL MOHAN GUPTA
Orders
Case Summary: State of Orissa v. Prabhawati Padhihari (C.A. No. 796/2008) The Supreme Court allowed the State of Orissa's appeal and set aside the High Court's order directing approval of Prabhawati Padhihari's appointment as a permanent Lecturer in Education with grant-in-aid benefits. The Court held that her post did not meet the statutory eligibility criteria under the Orissa Grant-in-Aid Order 1994, which required posts to exist for three years before June 1, 1994. The Court rejected her argument that she deserved equal treatment based on similarly-situated persons wrongly granted benefits, finding that equality cannot be claimed through "negative equality" to replicate illegalities. However, the Court clarified that the State may still consider her case if she subsequently becomes eligible for relief. This case analysis is maintained by casestatus.in based on publicly available court records.
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