Orissa High Court
State Of Odisha & Others vs Laxmi Dakua on 4 December, 2023
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.2774 of 2023
State of Odisha & others ..... Appellants
Mr. Biplab Mohanty, AGA
Vs.
Laxmi Dakua ..... Respondent
Mr. Sanjib Mohanty, Advocate
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
04.12.2023
W.A. No.2774 of 2023 & I.A. No.8112 of 2023
Order No. This matter is taken up by hybrid mode.
01.
2. This application has been filed for condonation of delay
of 307 days in preferring the Writ Appeal.
3. Heard Mr. Biplab Mohanty, learned Addl. Government
Advocate appearing for the State-Appellants and learned
counsel appearing for respondent.
4. As it appears, the order impugned has been passed on
07.12.2022 and the writ appeal has been filed on 09.11.2023
and in the meantime more than ten months have passed.
Therefore, the appeal suffers from delay and laches. Further, it
appears that sufficient cause has not been shown to condone
the delay of 307 days in preferring the writ appeal. That apart,
no due diligence has been indicated in the petition in preferring
the writ appeal. Similar matter has also come up before this
Court in O.J.C. No.2147 of 1991, which was decided on
24.03.1992 and this Court has considered the case of Job
Contract employees for regularization of service and for
pension and pensionary benefits. In O.A. No.3020(C) of 2003
(Nityananda Biswal v. State of Odisha & Others), the
Tribunal vide order dated 04.01.2004 also directed that the
period of the engagement of the petitioner in job contract
establishment should be taken into account as qualifying
service and accordingly, his pension and other pensionary
benefits be revised and paid to the petitioner therein. The order
passed in O.A. No.3020(C) of 2003 was also challenged by the
State before this Court in W.P.(C) No.14244 of 2006. This
Court vide order dated 09.04.2014 dismissed the writ petition
preferred by the State against the order passed by the Tribunal.
The State also preferred Special Leave to Appeal (C)
No.12573 of 2015 against the order passed by this Court in
W.P.(C) No.14244 of 2006, which was dismissed by the Apex
Court vide order dated 13.07.2015.
5. In the above view of the matter, this Court is not
inclined to entertain the writ appeal at this belated stage, as the
same suffers from delay and laches, in view of the
judgment/order of this Court in the case of State of Odisha v.
Surama Manjari Das (W.P.(C) No. 15763 of 2021 dismissed
on 16.07.2021), which has been confirmed by the apex Court,
vide order dated 05.04.2023 in S.L.P.(C) Diary No. 9259 of
2023.
6. Accordingly, the interlocutory application merits no
consideration and the same is hereby dismissed.
Consequentially, the writ appeal is also dismissed.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
Digitally Signed (M.S. RAMAN)
Signed by: MANORANJAN SAMAL JUDGE
Designation: PERSONAL ASSISTANT
MRS
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 04-Dec-2023 17:24:17
