Orissa High Court
State Of Odisha & Others vs Bimbadhar Pradhan & Another on 17 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.617 of 2023
State of Odisha & Others ..... Appellants
Mr. Rabi Narayan Mishra, AGA
Vs.
Bimbadhar Pradhan & Another ..... Respondents
Mr. P.Ku. Mohapatra, Advocate
(Respondent No.1)
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
17.11.2023
W.A. No.617 of 2023 & I.A. No.1575 of 2023
Order No. This matter is taken up by hybrid mode.
02.
2. This application has been filed for condonation of delay
of 220 days in preferring the Writ Appeal.
3. Heard Mr. R.N. Mishra, learned Addl. Government
Advocate appearing for the State-Appellants and learned
counsel appearing for the Respondent No.1.
4. As it appears, the order impugned has been passed on
19.07.2022 and the writ appeal has been filed on 27.03.2023 and
in the meantime more than eight 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
220 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 application
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
Signature Not Verified
Digitally Signed
Signed by: ASWINI KUMAR SETHY (M.S. RAMAN)
Designation: PA(SECRETARY-IN-CHARGE) JUDGE
Reason: Authentication
Aswini HIGH COURT, CUTTACK
Location: ORISSA
Date: 17-Nov-2023 19:10:23
