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2024 DAILYLAW 1285 (ORI)

STATE OF ODISHA v. RABINDRANATH NAYAK

WA/1075/2024 · 2026-05-12

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.1075 of 2024 State Of Odisha & Ors. …. Appellants Mr. S. B. Panda , AGA -versus- Rabindranath Nayak & Ors. …. Respondents CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 12.05.2026 01. W.A. No. 1075 of 2024 & I.A. No.2856 of 2024 The State and its Functionaries are invoking the Intra- Court Appellate jurisdiction for calling in question a learned Single Judge’s order dated 05.05.2023 whereby Respondent- Employee’s W.P.(C) No.6732 of 2023 having been favoured the following relief has been accorded:- “In view of the above settled position of law, nothing remains to be reconsidered by this Court. Accordingly, the Opposite Party No.1 is hereby directed to consider the representation of the Petitioner under Annexure-4 and dispose of the same in accordance with law within a period of eight (8) weeks from the date of production of certified copy of this order. In the event, the Opposite Party No.1 comes to a conclusion that the Petitioner is entitled to the benefit claimed by him and is covered by the judgments referred hereinabove, then such benefit be sanctioned and disbursed in favour of the Petitioner within six (6) weeks thereafter.” 2. Learned Counsel appearing for the Employee points out that there is a delay of 335 days in filing the Appeal and the p. 2 Application in I.A. No.2856 of 2024 supported by an affidavit would not offer a plausible explanation for the said delay brooked. We agree with this view. On perusal of the subject Application and therefore the same is rejected. 3. The above apart, the subject matter of this Appeal is substantially similar to the one in Writ Appeal No.17 of 2023 and connected matters between State of Odisha & Ors. vs. Krushna Chandra Mallick & Anr. heard and disposed off by a Co-ordinate Bench on 15.07.2025. Therefore, the contentions raised in this Appeal are no longer res integra and as a consequence, this Appeal also has to meet the same fate. 4. In the above circumstances, the Appeal is dismissed both on merits and delay coupled with a direction to implement the impugned order within an outer limit of eight (8) weeks without driving the Respondent-employee to another round of legal battle. Registry to send a copy of this order to the Respondent- Employee by the Speed Post for his information and file. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka Designation: Senior Stenographer