Orissa High Court
State Of Odisha & Others vs Deneilal Patra & Another on 18 November, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.418 of 2024
State of Odisha & others .... Appellants
Represented By Adv. -
Mr. Jayanta Ku. Bal, AGA
-versus-
Deneilal Patra & another .... Respondents
Represented By Adv. -
CORAM:
JUSTICE MANASH RANJAN PATHAK
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
18.11.2025
(Hybrid Mode)
Order No.
1. I.A. No.1178 of 2024
1. The I.A. has been filed for dispensing with filing of certified
copy of the order dated 02.12.2022 passed by the learned Single
Judge in W.P.(C) No.32110 of 2022. Since this is an intra-Court
appeal records of the W.P.(C) No.32110 of 2022 shall be made
available for reference.
2. Registry is to do the needful. The I.A. is favoured and
disposed of.
I.A. No.1180 of 2024 & W.A. No.418 of 2024
3. Heard the learned Additional Government Advocate for the
State.
4. The I.A. has been filed supported by affidavit for
condonation of reported delay of 441 days.
It is submitted by the learned Additional Government
Advocate that the issue no more remains res integra in view of the
judgment delivered by the Hon'ble Supreme Court in SLP(C)
No.9008 of 2024 : (State of Odisha and others v. Madhurima
Panigrahi) decided on 10.09.2024, SLP(C) No.2146 of 2024:
(State of Odisha v. Sudhansu Sekhar Jena) decided on
21.02.2025 which is disposed of on 09.10.2025 by this Bench in
W.A. No. 1134 of 2023, SLP(C) No. 11443 of 2023 : (State of
Odisha and others v. Nikunja Kishore Panigrahi) and SLP(Civil)
No. 23039 of 2024: (State of Odisha v. Ajaya Kumar Bhoi).
5. It is submitted that in hundreds of cases the Hon'ble apex
Court have allowed the SLP where the writ appeals were
dismissed by this Court not condoning the delay in filing writ
appeal relying on W.P.(C) No. 15763 of 2021 : (State of Odisha
and others v. Surama Manjari Das) decided on 16.07.2021.
6. It is further submitted that after remand by the Hon'ble
Supreme Court, this Court, coordinate Bench in which one of us
(M.S. Sahoo, J.) was a member has already disposed of similar
matters pertaining to grant of pension to job contract employees in
W.A.No.17 of 2023 decided on 15.07.2025: (State of Odisha &
others v. Krushna Ch. Mallick and another).
Learned Additional Government Advocate further relies on
the decision rendered by this Bench in State of Odisha and
another v. Sudhansu Sekhar Jena and batch: WA No.1134 of
2023 decided on 09.10.2025.
It is submitted that in the batch of 308 SLPs were allowed
by the apex Court by allowing SLPs setting aside the order passed
by the coordinate Bench(s) in not condoning the delay.
Accordingly, it is submitted that the delay may be condoned.
7. Issue notice in the I.A. as well as the appeal. Requisites for
issuance of notice by speed post with A.D. be filed within five
working days.
8. List after S.R. Liberty to mention.
9. The I.A. has been filed for stay of the order dated
02.12.2022 impugned in the writ appeal.
The learned Additional Government Advocate reiterates his
submissions as noted above.
10. Issue notice as above.
Accept one set of process fee.
As an interim measure, it is directed that there shall be stay
of operation of the order dated 02.12.2022 passed in W.P.(C)
No.32110 of 2022 until further orders.
The I.A. is disposed of.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Radha/Gs Judge
