CUTTACK: The Supreme Court has directed the reinstatement of a judicial officer from Odisha while upholding a High Court order for fresh review of his compulsory retirement. A division bench comprising Justice Vikram Nath and Justice Sandeep Mehta was hearing an appeal filed by judicial officer Sanjay Kumar Sahoo against a July 11, 2025 judgement of the Orissa High Court. The High Court had earlier set aside the state government’s March 11, 2022, notification compulsorily retiring Sahoo at the age of 55 under Rule 33 of the Orissa Superior Judicial Service Rules, 2007.
However, it stopped short of granting him reinstatement or financial benefits and directed a fresh administrative review. Sahoo, who joined service in 1997 as a Junior Division Civil Judge and rose through the ranks to become a District Judge (Selection Grade) in 2021, challenged this partial relief. He argued that once the retirement order was quashed, he was entitled to be reinstated with full benefits. The state, on the other hand, contended that compulsory retirement is a non-punitive measure taken in public interest and should not be interfered with on merits. It also opposed the High Court’s decision to remand the matter for reconsideration.
After hearing both sides, the Supreme Court upheld the High Court’s decision to order a fresh review, noting that Sahoo had a long service record with multiple promotions and that earlier allegations against him had been dropped. The same material was considered when he was promoted in 2021, and there appeared to be no substantial change in circumstances before the compulsory retirement decision, the bench observed in the judgement, the web copy of which was released on April 22. However, the Apex Court strongly disagreed with the High Court’s refusal to grant reinstatement.
It held that once an order of compulsory retirement is set aside, the officer must be treated as continuing in service, as if the order had never existed. “Denying reinstatement creates a legal inconsistency, as authorities would be reviewing the case of a person who is no longer in service,” the bench noted. Accordingly, the Supreme Court directed that Sahoo be reinstated immediately and be granted all monetary benefits from the date of his retirement, subject to the outcome of the fresh review by the High Court’s Full Court.