[Cites 1, Cited by 0]
Orissa High Court
Principal Secretary To Govt vs Sitaram Dakua And Others on 13 January, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 339 of 2025
Principal Secretary to Govt., Security .... Appellants
and Empowerment of Persons with
Disabilities Department, BBSR and
another
Mr. Subha Bikash Panda, AGA
-versus-
Sitaram Dakua and Others .... Respondents
Ms. Sandhyarani Pani, Advocate
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 13.01.2026
01. I.A. No.873 of 2025
State and its officials are preferring this intra Court
appeal calling in question the order dated 24.03.2021 whereby
Respondents, in W.P.(C) No.13882 of 2015, having been
favoured, the relief has been accorded in the following terms:-
"In such view of the matter, the opposite parties
are directed to extend the benefit to the petitioner
as due and admissible in the light of the judgment
of this Court in Prabira Kumar Biswal (supra) by
extending the revised scale of pay as applicable
as possible, preferably within a period of six
months from the date of production of a certified
copy of this order."
2. Appeal is filed after brooking a long delay of 1379 days.
An application in I.A. No.873 of 2025 supported by an affidavit
is moved seeking condonation thereof. Learned AGA, Mr.
Panda draws attention of this Court as to the checkered history
of the litigation, inasmuch as review petition was filed and
thereafter appeal was filed and ultimately, the matter went to the
Apex Court where a suggestion was given to press the review
petition.
3. The review petition having been rejected, the original
order is put in intra Court appeal at our hands. Though,
apparently delay appears to be too long, a plausible explanation
has been filed in brooking the same. That apart, it is an appeal
by the State and therefore, some laxity is available in matters
like this. No objections are filed to the said application, rightly.
No prejudice would be caused to the other side, if delay is
condoned. Enormous injustice may be caused, if the same is not
condoned. In view of that we allow this application and thereby
condone the delay in filing the appeal.
(Dixit Krishna Shripad)
Judge
(Chittaranjan Dash)
Judge
Having heard learned counsel for the Parties and having
perused the appeal papers, we decline indulgence in the matter,
inasmuch the contention of Mr. Panda that there is no vinculum
juris of employer and employee between the Appellants herein
and the Respondent is bit difficult to countenance. This, we say
because of other cases, namely, W.P.(C) No.12600 of 2020 and
OJC No.10096 of 2001 etc. wherein the vinculum juris of the
kind has been established and that the said judgments rendered
in those cases have been duly implemented by the
Commissioner-cum-Secretary to Government vide order
No.747/SSPED dated 29.01.2021, a copy whereof avails at
Annexure-C to the counter affidavit of the Respondents.
Therefore, the State cannot be selective in launching the legal
battle against tiny persons like the Respondents herein, State
being constitutionally ordained model employer vide
Bhupendra Nath Hazarika vs. State of Assam., AIR 2013 SC
234.
2. For the ease of reference, the order of the Commissioner-
com-Secretary to Government dated 29.01.2021 has been
reproduced in its entirety.
"Whereas in W.P(C) No-12600/2020 filed by Sri
Nilamadha Dakua & Others - Vis-State of Odisha
& Others, the Hon'ble High court vide Order
No.03 dated 28-05-2020 have directed Opposite
Parties to extend the benefit to the petitioner as due
as admissible in the light of the Judgment of this
Court in case of Prabir Kumar Birwal (Supra) by
extending the revised scale of Pay as applicable to
The State Government Employees as expeditiously
as possible, preferably within a period of six
months from the date of production of a certified
copy of this order.
2. Whereas, the petitioners namely Sri
Nilamadhaba Dakua, Attendant, Hellen Keller Red
Cross School for the Deaf, Berhampur, Ganjam,
Smt. Gitanjali Panda, Attendant, Hellen Keller Red
Crazy School for the Deaf, Berhampur, Ganjam,
and Smt. Sabitri Biswal, Cook, Hellen Keller Red
Cross School for the Deaf, Berhampur, Ganjam
represented along with the copy of the Judgment
paused by the Hon'ble High Court in WP (C) No.
12600/2020 to implement the same.
3. Whereas, the representation of the petitioners
along with the copy of the Judgment passed the
Han'ble High Court was received in this
Department on dated 05.08.2020 The Case was
examined in detail to extend benefit of revised scale
of pay as per ORSP Rule-1998 to the petitioner we
01.01.1996 to 31.12.2005 like Sri Prabir Biswal &
others in QJC No. 10096/2001. The views of Law
Department and Finance Department were taken.
The matter was father examined and it was decided
to comply the orders of the Hon'ble Court.
4. In view of the above, DSSO, Ganjam is directed
to make pay fixation and calculate the urvear dues
as per ORSP Rule, 1998 in respect of three
petitioners in the present case. This exercise be
completed by 5th February 2021 without fail for
release of funds by this Department before the
dateline.
The orders of the Hon'ble High Court in W.P(C)
No. 12600/2020 is complied accordingly."
In the above circumstances, this appeal being unworthy
of merits, is liable to be rejected and accordingly it is, cost
having been made easy.
(Dixit Krishna Shripad)
Judge
(Chittaranjan Dash)
Judge
AKPradhan
Signed by: ANANTA KUMAR PRADHAN
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 15-Jan-2026 19:27:21
