Orissa High Court
State Of Odisha & Others vs Ratikanta Behura on 4 August, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No.2200 of 2024
State of Odisha & Others .... Appellants
Represented by Adv.-
Mr. Subha Bikash Panda, AGA
-Versus-
Ratikanta Behura .... Respondent
Represented by Adv._
Mr. Rajendra Krushna Bose, Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
Order No. 04.08.2025
(Hybrid mode)
04. 1. On 07.07.2025 and 22.07.2025, the following orders were
passed:-
"07.07.2025: Call this matter along with all other connected matters
relating to work charge establishments in the light of Apex Court
decision in SLP (C) No.2146 of 2024 (State of Odisha v. Sudhansu
Sekhar Jena) decided on 21.02.2025. The appellant-State and its
official to furnish list of such cases to enable the office to post them
before the Court immediately.
2. Registry also shall do its own homework based upon the decision
of the Apex Court cited above."
22.07.2025: 1. We have partly heard this matter. There are two
classes of cases which need segregation. There is another aspect of
the matter, namely, the Apex Court in State of Odisha and others v.
Sudhansu Jena reported in 2025 INSC 259 having condoned delay,
has saddled the State with a liability of Rs.1,50,000/- payable to
each of the employees wherever writ appeal was filed after brooking
delay. This order of the Apex Court has not yet been complied with
though the stipulated period of such compliance has expired. On this
ground alone, these appeals could be negatived because non-
compliance of the order of Apex Court is a serious matter. Be that as
it may.
2. Learned State Counsel, Mr. Panda appearing for the appellant
submits that it is difficult to identify each of the private respondents
and hand the money as directed by the Apex Court and therefore, the
State be directed to deposit entire money in the Registry of this
Court itself so that the said amount can be disbursed to the employee
concerned by identifying him. Mr. Panda also submits that the entire
money will be deposited within an outer limit of ten days.
3. Since delay has been brooked in making the payment to the
employees in disregard of the Apex Court direction, we direct the
State to pay additional sum of Rs.5,000/- (Rupees five thousand)
only to each of the employees apart from remitting Rs.1,50,000/-
(Rupees one lakh fifty thousand) only wherever belated writ appeals
are filed.
4. Call this matter along with connected matters for further
hearing before this Bench on 4th August, 2025 both for segregation
and for making payment as indicated above."
The batch matters, occupies 75 pages in the cause list.
2. It is submitted by learned Additional Government Advocate
appearing for the appellant-State that different matters have been
listed in context of the judgment rendered by this Court in case of
State of Odisha & Others Vrs. Krushna Chandra Mallick and
Another in Writ Appeal No.17 of 2023 disposed of by judgment
dated 15th July, 2025 and in case of State of Odisha and Others
Vrs. Sudhansu Sekhar Jena rendered by the Apex Court in SLP(C)
No.2146 of 2024 vide judgment dated 21st February, 2025.
3. Learned AGA submits that it would require some method
and time to segregate the category of cases i.e. pertaining to the
employees who have required as Work Charged employees and
those who were Job Contractors and retired as such as far as
payment of pension to them is concerned in terms of Odisha Civil
Services (Pension) Rules, 1992.
4. Mr. R.K. Bose, learned counsel appearing for some of the
respondents submits that the respondents worked and retired as
Work Charged employees. Similarly, other learned counsels present
submit that several kinds of cases are there.
Mr. Basudev Barik, learned counsel refers to his case and
submits that appeal has been disposed of by Co-ordinate Bench.
There after State has not filed any appeal before the Supreme Court
but still W.A. is listed again.
5. In view of above, it is stated and agreed at the Bar, the
learned AGA shall prepare a list of each category of cases furnish
the same before the Court along with copies of the list to the
learned counsels appearing for the respondents.
Learned counsels for the respondents also shall prepare
their respective list(s) giving details such as to the nature of job the
respondents had undertaken before their retirement and in case Writ
Appeal has been disposed of and the SLP has not been filed.
6. The list(s) so prepared by the learned counsels shall be
circulated/exchange and it is expected that all the learned counsels
shall agree on the contents of all the lists and also agree regarding
changes to be incorporated.
The learned AGA prays for further ten days time to
complete the exercise.
Learned counsels appearing for the respondents also do the
needful in the meantime.
7. List this matter along with connected matters for further
hearing before this Bench on 18th August, 2025.
It is stated by the learned AGA that the order dated
22.07.2025 passed in W.A. No.2200 of 2025 has not been up-
loaded. The Registry shall do the needful to upload the order in the
official website.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge.
Narayan/Ranjeeta
