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2024 DAILYLAW 722 (ORI)

STATE OF ODISHA v. DAITARI HANTALA

WA/2745/2024 · 2026-02-20

Chittaranjan Dash, Dixit K S

body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2745 of 2024 State of Odisha & Ors. …. Appellants Represented by Adv.- Ms. Suman Pattanayak, AGA -versus- Daitari Hantala …. Respondent Represented by Adv.- CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH ORDER 20.02.2026 This Intra-Court appeal by the State and its functionaries seeks to call in question a learned Single Judge’s order dated 26.09.2022, whereby Respondent’s WPC(OAC) No. 3655 of 2013 relief has been accorded to him in the following way: “Since persons similarly situated and retrenched in the year 2003 as like the Petitioner has been extended with the benefit of regularization and consequential financial benefits in terms of the order passed by the learned Tribunal in O.A. No.2559(C)/1999 and batch vide order dated 26.08.2021, following the decision of the Hon'ble Apex Court reported in the case of Sunil Kumar Verma as well as of this Court in 2015 LAB.I.C-3357, the Petitioner is also entitled to get similar benefits. This Court accordingly directs the Opposite Party No.1 to take effective steps in the matter and extend the benefit as has been extended in O.A. No.2559(C) /1999 and batch. The entire exercise shall be completed within a period of three months from the date of receipt of this order. to the Petitioner” Order No. 01. 2. Learned AGA appearing for the Appellants vehemently argues that though there is long delay of 708 days in filling the appeal, an application in I.A. No.7209 of 2024 supported by affidavit accompanies the appeal memo and therefore, delay be condoned and appeal being heard on merits. 3. Having heard learned AGA and having perused the appeal papers, we decline indulgence in the matter, inasmuch as what has been stated in the application coupled with the affidavit does not make a plausible explanation for condoning such a long delay. The sages of law have said that the Court should not come to the aid of litigants, who are sleepy and tardy. Upsetting the settled facts would create more mischief than allowing the same. In the above circumstances, the application is rejected and as a consequence, appeal too. The impugned order of the learned Single Judge shall be implemented within eight weeks in letter and spirit. Registry to send a copy of this order to Respondent counsel by speed post immediately. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Prasant