IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No. 2433 of 2024 State of Odisha and another …. Appellants Mr. Subha Bikash Panda, AGA -versus- Pitambar Mohanty …. Respondent Mr. D. Mishra, Advocate CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH Order No. 02. ORDER 02.02.2026 I.A. No.6504 of 2024 There is a delay of 293 days in filing the writ appeal. An application, being I.A. No.6504 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.6504 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.2433 of 2024 1. This intra-court appeal is directed against the order dated 16.10.2023, whereby the learned Single Judge set aside the rejection of the respondent’s claim for regularisation and remanded the matter to the authorities for fresh consideration. 2. The respondent had been brought over to the work-charged establishment against a Group-D post carrying a regular scale of pay. Despite long and continuous service and repeated representations, his claim for regularisation was rejected, giving rise to the writ petition. The learned Single Judge quashed the rejection order and directed reconsideration of his case in accordance with law. 3. As the appellants did not act upon the said order, the respondent initiated execution proceedings. During the pendency of the present appeal, the appellants issued an order dated 13.02.2024 regularising his services; however, such regularisation was not granted from the date of completion of five years of service as claimed. The respondent has since retired on 30.06.2024 without having been extended consequential benefits. 4. It is not in dispute that the respondent rendered long and uninterrupted service and that the controversy centres on denial of regularisation from the appropriate date. 5. 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. Page 3 of 3 6. The appellants are directed to give full effect to the order dated 16.10.2023, as affirmed herein, and to extend all consequential benefits to the respondent within a period of two months from the date of communication of this judgment. 7. 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