Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.265 of 2025
State of Odisha & Ors. …. Appellants
Represented by Adv.- Mr. S.B. Panda, AGA
-versus-
Biswanath Nag …. 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 seek to call in question a learned Single Judge’s order dated 04.12.2023 whereby Respondent’s W.P.(C) No.39243/2023 having been favoured, the following relief has been bestowed on him.
“Keeping in view the policy decision under Annexure-3, this Court is of the considered view that the Opposite Parties are not permitted to introduce a new set of contractual employees through the outsourcing agency by replacing the persons who are working on contractual basis at the moment. Therefore, it would suffice if the writ petition is disposed of by directing the Opposite Parties to ensure that even in the event they engaged any outsourcing agency to perform the services of watch & ward and cleaning & sweeping work in their office, such outsourcing agency be directed to ensure that the persons who are already on contractual basis be allowed to continue on such outsourcing agency before bringing a new set of contractual employees.”
Order No.
01.
2. The Appeal is preferred with a long delay of 388 days and its condonation is sought for by filing application in I.A. No.699 of 2025 supported by an affidavit. The explanation offered for the delay brooked is not plausible, to say the least. Especially when delay is too long to be condoned.
3. Even on merits, we do not find any lacuna in the order of the learned Single Judge which is structured on the grand principle that one set of ad hoc employees cannot be substituted by another set as observed by the Apex Court in State of Haryana v. Piara Singh, (1992) 4 SCC 118. The said principle has been reiterated again by the Apex Court in a catena of decisions and followed by Coordinate Bench of this Court in a cartload of rulings.
In the above circumstances, the appeal being unworthy of merits is liable to be rejected and accordingly it is in limine. Appellants to implement the order of the learned Single Judge within an outer limit of eight (8) weeks without giving any scope for penal action.
Registry to send a copy of this order to Respondent’s counsel by speed post immediately.
Costs made easy.
Web copy of order to be acted upon by all concerned.
(Krishna Shripad Dixit) Judge
(Chittaranjan Dash) Judge Prasant