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2024 DAILYLAW 329 (ORI)

STATE OF ODISHA v. SHESADEV AICH

WA/48/2024 · 2026-04-06

Chittaranjan Dash, Dixit K S

body2024

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.48 of 2024 State of Odisha and others …. Appellants Mr. S.B. Mohanty, AGA -Versus- Shesadev Aich and another …. Respondents CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 06.04.2026 W.A. No.48 of 2024 and I.A. No.257 of 2024 This Intra-Court appeal preferred by the State and its functionaries seeks to call in question the learned Single Judge’s order dated 08.09.2022, whereby Respondent-Employee’s WPC(OAC) No.3842 of 2017 having been favoured, relief has been accorded to him as under: “5. In view of the above submission, as agreed to by learned counsel for the parties, this writ petition stands disposed of directing the opposite parties to extend the benefit in terms of the order dated 07.02.2022 passed by this Court in the case of Niranjan Behera v. State of Odisha and others, (WPC (OAC) No. 4145 of 2010) and order dated 25.02.2003 passed by the Tribunal in O.A. No. 1071(C) of 2003, as has been extended in favour of similarly situated persons, as expeditiously as possible, preferably within a period of three months from the date of communication of the certified copy of this order.” 2. Appeal has been filed after brooking a long delay of 472 days and an application in I.A. No.257 of 2024, supported by an p. 2 affidavit, accompanies the appeal memo seeking its condonation. A perusal of the said application and the affidavit would show that parrot like versions have been stated and therefore, in similar matters we have rejected the prayer for condonation of delay. The same fate the application has to meet herein too. 3. Added to the above, the subject matter of this appeal is substantially similar to W.A. No.17 of 2023 between State of Odisha v. Krushna Chandra Mallick, etc. disposed off by a Co- ordinate Bench of this Court vide order dated 15.07.2025 (MANU/OR/0779/2025). No extraordinary circumstances are pointed out as to why we should not follow the beaten track. In the above circumstances, the application in I.A. No.257 of 2024 is rejected & Appeal is also. The impugned order of the learned Single Judge shall be given effect to within eight weeks reckoned from this day, failing which the Appellants run the risk of contempt proceedings. Registry to send a copy of this order to the Respondent- Employee by speed post immediately. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge ( Chittaranjan Dash ) Judge Anisha Designation: Jr. Stenographer