Pranab Kumar Dalal vs The Executive Engineer And Others
2022 Latest Caselaw 5647 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.A. No.75 of 2017

            Pranab Kumar Dalal                            ....           Appellant
                                                     Mr. Mark Wright, Advocate
                                          -versus-

            The Executive Engineer and others    ....       Respondents
                                        Mr. Ramanath Acharya, Advocate

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE CHITTARANJAN DASH
                                          ORDER

17.10.2022 Order No.

06. 1. This appeal is directed against the judgment dated 3rd December, 2016, passed by the learned Single Judge dismissing the Appellant's W.P.(C) No.27702 of 2013.

2. In the writ petition, the Appellant had questioned the action of the then Opposite Party- North Eastern Electricity Supply Company of Orissa Limited (NESCO) in not granting him the 3rd Assured Career Progression (A.C.P.) in the revised scale of pay.

3. At the outset, it must be mentioned now that NESCO has been taken over by the Tata Power Northern Odisha Distribution Limited (TPNODL) since the year 2020. Meanwhile, the Appellant has also superannuated. It is further seen that the Appellant's claim itself was barred by delay and laches as noted by the learned Single Judge in Para-16 of the impugned order.

4. Consequently, the Court is not persuaded in view of the above circumstances to interfere with the impugned order of the learned Single Judge and the appeal is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice

(Chittaranjan Dash) Judge S. Behera