p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.1131 of 2024 State of Odisha & Others …. Appellants Mr. U.C. Behura, AGA -versus- Sri Narasingha Choudhury & Others …. Respondents Mr. P.K. Mishra, Advocate CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 29.01.2026 This Intra-Court Appeal by the State and its officers calls in question a learned Single Judge’s Order dated 04.10.2023, whereby Respondents’ W.P.(C) No.31366 of 2023 having been favoured, relief has been accorded to him as under: “7. Having heard learned counsel for the parties and on careful examination of the background facts of the present case and keeping in view the well settled position of law that once an employee who was working initially as DLR, thereafter brought over to Work Charged establishment and finally his service was regularized shall be considered for payment of pensionary benefit by taking into consideration as how much period of service rendered on Work charged and DLR establishment, calculate the minimum qualifying period of service for grant of pensionary benefit . Such a proposition of law as has been propounded by this Court has already been accepted by many judgments of this Court. Keeping in view the aforesaid legal position, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Parties to calculate the minimum qualifying service period of the Petitioner taking the shortfall period from the service period of the Petitioner as work Charged employee/DLR to calculate the p. 2 minimum qualifying service period, the benefit which is due and admissible to the Petitioner on the basis of his last pay drawn accordingly, the same be sanctioned and disbursed to the Petitioner within a period of two months from the date of communication of the certified copy of this order. In the event, the Petitioner though is getting any other pensionary benefit, the same shall be surrendered before the Government. Any decision taken be communicated to the Petitioner within 10 days of taking such decision. 8. With the aforesaid observations/directions, the writ application stands disposed of.” 2. Appeal is filed after brooking a delay of 186 days and an application is moved supported by an affidavit in I.A. No.2913 of 2024 seeking its condonation. We have not come across one Single Appeal of the State filed without brooking delay. Be that as it may. 3. Learned counsel appearing for the Respondents very fairly and appreciably submits that the subject application be allowed and delay be condoned. We do it and accordingly I.A. is disposed off. 4. The subject matter of this appeal is substantially similar to the one in Writ Appeal No.975 of 2025 between Principal Secretary to Government, Works Department, Govt. of Odisha, Bhubaneswar v. Ashok Kumar Pattanayak and Another heard & disposed off by this Bench vide order dated 12.01.2026. The State Appeal was dismissed in the said case and therefore, this appeal by the State has to meet the same fate. Learned counsel appearing for the Respondent is justified in telling that the case of his client is far p. 3 better than the cognate case, inasmuch as his services were regularized w.e.f. 30.10.2018 and he retired on 30.06.2023. Ordered accordingly and Writ Appeal is dismissed. Order of the learned Single Judge shall be implemented within an outer limit of two months, failing which contempt action would follow. Web copy of this order to be acted upon by all concerned. (Dixit Krishna Shripad) Judge (Chittaranjan Dash) Judge Madhusmita Designation: Jr. Stenographer