Secretary To Government Of Odisha vs Basanta Kumar Pati
2025 Latest Caselaw 10692 Ori

Orissa High Court

Secretary To Government Of Odisha vs Basanta Kumar Pati on 1 December, 2025

Bench: K.R. Mohapatra, Savitri Ratho

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.A. No. 1589 of 2022

     1. Secretary to Government of Odisha,
     Water Resources Department,
     Bhubaneswar
     2. Chief Engineer, Minor Irrigation,
     Odisha, Bhubaneswar
     3. Superintending Engineer, Central
     Minor Irrigation Circle, Bhubaneswar
     4. Executive Engineer, Minor Irrigation
     Division, Cuttack
     5. Assistant Executive Engineer, Minor
     Irrigation Sub-Division, Athgarh Town,                          Appellants
     Cuttack                                          ....
                                                           Mr. S.N. Biswal, ASC
                                       -versus-
         Basanta Kumar Pati                           ....           Respondent

Mr. M.K. Rath, Advocate CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO Order No. ORDER

02. 01.12.2025

1. This matter is taken up through hybrid mode.

2. This is an application for condonation of delay. The Stamp Reporter has pointed out the delay of 48 days in filing the writ appeal.

3. Mr. M.K. Rath, learned counsel appearing for the sole Respondent submits that he has no objection for condonation of delay. He, however, submits that writ appeals involving similar issue have already been disposed of in the meantime. Hence, he

prays for early disposal of the writ appeal by condoning the delay.

4. In view of the above, the delay in filing the writ appeal is condoned.

5. I.A. is disposed of accordingly.

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge

03. 1. On consent of learned counsel for the parties, the writ appeal is taken up for final disposal.

2. Order dated 5th September, 2022 (Annexure-1) passed by the learned Single Judge in WPC(OAC) No. 3126 of 2017 is under challenge in this Intra-Court Appeal.

3. Learned Single Judge in order under Annexure-1 relying upon the judgment dated 11th June, 2009 passed in O.A. No.1189 (C) of 2006 passed by Odisha Administrative Tribunal, in the case of Narasu Pradhan vs. State of Odisha and others held that the Respondent (Applicant therein) being on similar footing is entitled to all the service benefits extended to Narasu Pradhan and also directed to release the consequential as well as differential benefits as due and admissible to the Respondent within a period of four months from the date of communication of the impugned order. The judgment dated 11th June, 2009 passed in Narasu Pradhan (supra) directing to regularize the services of the Applicant therein in any

vacant post after the completion of five years as work-charged employee, to grant him notional increment as due from time to time and to release all the retiral benefits, was challenged by the State of Odisha in W.P.(C) No. 5377 of 2010, which was dismissed vide order dated 19th December, 2011.

4. The State of Odisha being not satisfied preferred SLP(C) No. 22498 of 2012 which was also dismissed on 7th January, 2013. Thereafter, the State implemented the judgment passed by the Odisha Administrative Tribunal by extending all the benefits and releasing retiral benefit to said Narasu Pradhan vide office order No.2858 dated 9th May, 2013. Learned counsel for the Respondents also drew attention of this Court to orders passed in similar such cases, wherein the Respondents therein have already received retiral benefits after dismissal of the SLP(C)s filed by the State of Odisha before Hon'ble Supreme Court.

5. In view of the above, Mr. M.K. Rath, learned counsel for the Respondent submits that the Writ Appeal merits no consideration and is liable to be dismissed.

6. Mr. Biswal, learned Additional Standing Counsel does not dispute the factual as well as legal position. It is his submission that in similar such cases, after dismissal of the SLP(C)s/Appeals by the Hon'ble Supreme Court filed by the State Government, the order of the Tribunal has already been implemented by releasing pensionary benefit in respect of the Respondents therein.

7. It is also submitted by learned counsel for the parties that recently, i.e., on 24th July, 2025, a batch of similar Appeals

preferred by the State Government, have been dismissed by the Hon'ble Supreme Court.

8. Taking into consideration the submissions made by learned counsel for the parties, this Court is of the considered opinion that the Writ Appeal merits no consideration as similarly situated employees have already been extended with benefit of regularization in service and release of pensionary benefit in their favour. No material contrary to such direction/action of the State Government has been placed before us to take a different view.

9. Accordingly, taking into consideration of the fact that the direction in the case of Narasu Pradhan (supra) has already been implemented and the Respondent stands on a similar footing, the Respondent herein deserves the same treatment.

10. Since the Respondent is fighting out litigations since 2017 for his regularization, notional benefits as well as pensionary benefit, in terms of the direction in WPC(OAC) No. 3126 of 2017 is expected to be extended to the Respondent within a period of four months hence.

11. The Writ Appeal is, accordingly, dismissed.

                                                                          (K.R. Mohapatra)
                                                                              Judge


                                                                            (Savitri Ratho)
           puspa                                                               Judge


Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 03-Dec-2025 10:39:36