Orissa High Court
State Of Odisha & Others vs Minaketan Das & Another on 2 January, 2024
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.3039 of 2023
State of Odisha & Others ..... Appellants
Mr. R.N. Mishra, AGA
Vs.
Minaketan Das & Another ..... Respondents
Mr. P.K. Mohapatra, Advocate
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
02.01.2024
W.A. No.3039 of 2023 & I.A. No.8781 of 2023
Order No. This matter is taken up by hybrid mode.
01.
2. This application has been filed for condonation of delay
of 358 days in preferring the Writ Appeal.
3. Heard Mr. R.N. Mishra, learned Addl. Government
Advocate appearing for the State-Appellants and Mr. P.K.
Mohapatra, learned counsel appearing for the Respondent.
4. As it appears, the order impugned has been passed on
21.11.2022 and the writ appeal has been filed on 13.12.2023.
Therefore, the appeal suffers from delay and laches. Further, it
appears that sufficient cause has not been shown to condone
the delay of 358 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) CC 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
(M.S. RAMAN)
JUDGE
Laxmikant
Signed by: LAXMIKANT MOHAPATRA
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Jan-2024 13:02:22
