IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 2382 of 2024 State of Odisha and another …. Appellants Mr. Subha Bikash Panda, AGA -versus- Duryadhan Sahoo …. Respondent Mr. P. K. Mohapatra, Advocate CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH Order No. 04. ORDER 02.02.2026 I.A. No.6290 of 2024 There is a delay of 293 days in filing the writ appeal. An application, being I.A. No.6290 of 2024, supported by an affidavit, accompanies the memorandum of appeal, wherein the delay has been plausibly explained. Condonation of the delay would not prejudice the case of the other side, inasmuch as the matter would be heard on merits, however, refusal to condone the delay would result in ousting the Appellants from the Court, which a Court exercising writ appellate jurisdiction ought not to do. In the above circumstances, I.A. No.6290 of 2024 is allowed, and the delay in filing the writ appeal is condoned. The I.A. is accordingly disposed of. (Dixit Krishna Shripad) Judge (Chittaranjan Dash) Judge W.A. No.2382 of 2024 1. This intra-court appeal is directed against the order dated 05.10.2023 passed in W.P.(C) No.30915 of 2023, whereby the learned Single Judge directed the authorities to grant pension and pensionary benefits to the respondent within a period of two months under the Odisha Civil Services (Pension) Rules, 1992. 2. Respondent No.1 was initially engaged on NMR basis on 01.04.1989 under the Executive Engineer, Minor Irrigation Division, Deogarh. He was brought over to the work-charged establishment as Helper vide Order No.65 dated 05.01.2010 issued by the Executive Engineer, M.I. Division, Sambalpur. Thereafter, he was brought over to the regular establishment as Helper vide Order No.1462 dated 19.08.2022 issued by the Superintending Engineer, M.I. Circle, Sambalpur and was posted under M.L. Division, Deogarh. He retired from service on 31.12.2022 upon attaining the age of superannuation. 3. It is not in dispute that the respondent rendered a total of 32 years of service under the Government in the Water Resources Department, out of which 12 years were in the work-charged establishment and about four months in the regular establishment prior to retirement. His claim for pension under the OCS (Pension) Rules, 1992 was resisted by the State, giving rise to the writ petition. 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 direction issued by the learned Single Judge to grant pension and pensionary benefits is affirmed. Compliance shall be made within a period of 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