IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2015 of 2024 State Of Odisha & Ors. …. Appellants Mr. S. K. Jee , AGA -versus- Kailash Chandra Barik …. Respondent Mr. C. K. Sahoo, Advocate Mr. S. P. Jena, Advocate CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 13.05.2026 01. I.A. No.5262 of 2024 There is a delay of 200 days brooked in filing the writ appeal. An application in I.A. No.5262 of 2024, supported by affidavit, accompanies the appeal memo, wherein delay is plausibly explained. Condonation of delay would not prejudice cause to the other side, inasmuch as matter would be heard on merit. Non-condoning will oust the Appellants from Court, which Courts, exercising writ jurisdiction in Appeal, not do. In the above circumstances, application in I.A. No.5262 of 2024 having been favoured, delay in filing the writ appeal is condoned. I.A. is thus disposed off. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge 02. W.A. No.2015 of 2024 This Intra-Court appeal seeks to lay a challenge to the order dated 29.11.2023 entered by a learned Single Judge of this Court in WPC(OAC) No.2294 of 2017, whereby relief in the following terminology has been accorded to the sole Respondent herein. “20. Accordingly the impugned order at Annexure-9 Is quashed. Consequentially, it is directed that the Opposite Party shall fix his pay along with increment notionally till the date of his retirement for calculating his pensionary benefits at par with Narsu Pradhan. The pensionary emolument, as calculated, shall be disbursed after taking into account the amount which has already been paid to the Petitioner, as stated in the counter affidavit. 21. The exercise in this regard shall be completed within a period of four months from the date of receipt of this Judgment.” 2. Learned AGA appearing for the Appellant-State and its Officials although presses into service a few contentions, we do not propose to examine the same, inasmuch as the subject matter of this appeal is substantially similar to the one in W.A. No.301 of 2023 between Additional Chief Secretary to Govt. of Odisha v. Khageswar Jena, heard and disposed off by a Co-ordinate Bench of this Court vide order dated 06.11.2023, without interfering in the order of the learned Single Judge even in the least. Further, at Paragraphs-7 & 8 of the said order, the Coordinate Bench has observed as under: “7. In view of such position, if the similarly situated persons have already received the benefits, then the present Respondent cannot be deprived of the same, more particularly, when the decision in Narusu Pradhan (supra) has been confirmed by the apex Court. 8. Consequentially, the learned Single Judge has not committed any error apparent on the face of record, so as to interfere with the same and deny the benefits to the Respondent.” In the above circumstances, this Writ Appeal also has to meet the same fate. Accordingly, Appeal is dismissed. Impugned order of the learned Single Judge shall be implemented in letter & spirit within an outer limit of eight (8) weeks, failing which the guilty Officials run the risk of contempt action. Web copy of the order to be acted upon by all concerned. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka Designation: Senior Stenographer