p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 507 of 2023 State of Odisha and another …. Appellants Mr. Subha Bikash Panda, AGA -versus- Karunakar Baral …. Respondent Mr. J. K. Khuntia, Advocate CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH Order No. 07. ORDER 02.02.2026 I.A. No.1268 of 2023 There is a delay of 118 days in filing the Writ Appeal. For the reasons stated in I.A. No. 1268 of 2023, which disclose sufficient cause, the delay is condoned. The I.A. is allowed. (Dixit Krishna Shripad) Judge (Chittaranjan Dash) Judge W.A. No.507 of 2023 1. This intra-court appeal is directed against the impugned order dated 18.10.2022 passed in W.P.(C) (OAC) No.1713 of 2010 vide Annexure-5, whereby the learned p. 2 Single Judge allowed the writ petition and directed the authorities to extend pensionary benefits to the respondent by treating him as regularised prior to his superannuation. 2. The respondent was initially engaged as an NMR and was subsequently brought over to the work-charged establishment under the Department. He continued in such capacity for a long and uninterrupted period till his superannuation. His claim for pension was denied solely on the ground that he had not been formally absorbed into the regular establishment prior to retirement. 3. It is not in dispute that the respondent rendered long and continuous service under the work-charged establishment and that there was no allegation of misconduct, break in service, or other disqualification. The denial of pension rests exclusively on absence of a formal order of regularisation. 4. The issue is squarely covered by the decision of this Court in State of Odisha & Ors. vs. Basanti Das, ordered in W.A. No.1598 of 2024. In the absence of any distinguishing feature, the present appeal stands covered by the aforesaid judgment. 5. The appellants shall treat the respondent as notionally regularised at least one day prior to his superannuation, by creating a supernumerary post if necessary, and extend p. 3 pensionary and admissible retirement benefits within two months from the date of communication of this judgment. 6. In consequence, all the pending I.As. are also disposed of. Web copy of the order to be acted upon by all concerned. (Dixit Krishna Shripad) Judge (Chittaranjan Dash) Judge AKPradhan Designation: Junior Stenographer