State Of Odisha And Another vs Kishore Chandra Mahapatra And
2025 Latest Caselaw 2774 Ori

Orissa High Court

State Of Odisha And Another vs Kishore Chandra Mahapatra And on 20 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.A. No.1651 of 2023

            State of Odisha and another            ....            Appellants

                                                   Represented By Adv. -
                                  Mr. Bimbisar Dash, Addl. Govt. Advocate
                                       -versus-

            Kishore Chandra Mahapatra and          ....          Respondents
            others
                                                     Represented By Adv. -
                                                 Mr. B. Mansingh, Advocate


                                 CORAM:
                   THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                               ACTING CHIEF JUSTICE
                                           AND
                      THE HON'BLE MR. JUSTICE M.S. SAHOO
                                         ORDER

20.01.2025

I.A. no.4426 of 2023 and W.A. no.1651 of 2023 Order No.

02.

1. Mr. Dash, learned advocate, Additional Government

Advocate appears on behalf of applicant-appellant (State). He

submits, reported delay of 739 days be condoned and the appeal

admitted. By impugned order dated 11th June, 2021 the learned

single Judge had directed regularization on incorrect finding of fact

that respondents were working against sanctioned posts. The

judgments of the Supreme Court regarding regularization as an

exception were not correctly applied. Substantial question of law is

involved. The delay be condoned.

2. Mr. Mansigh, learned advocate appears on behalf of

respondents, who were writ petitioners. He opposes the application

for condonation on submission that his clients put in long service of

25 years against sanctioned posts and it was illegal on part of State

to have denied them regularization. The judgments were correctly

applied. Therefore, the delay. As such the appeal be dismissed.

3. Mr. Mansingh relies on order dated 17th October, 2023

made by coordinate Bench in W.A. no.2313 of 2023 (State of

Odisha and another v. Annapurna Sahoo and others), whereby

State's appeal, on delay of 129 days, was dismissed. We have

reason to believe that in several matters State filed special leave

petitions and such orders were set aside by the Supreme Court on

restoring the writ petitions.

4. There has been long delay of 739 days as reported.

However, considering the question is regarding regularization of

respondents and judgments of the Supreme Court relied upon in

impugned order to invoke the exception against bar of

regularization, we think fit to condone the delay and provide one

opportunity for State to demonstrate that the posts, against which

respondents were working, were not sanctioned.

5. List for hearing and disposal on 3rd February, 2025. State

has liberty to rely on documents, if any upon advance copies served

to Mr. Mansigh.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge

Radha/jyoshtna