Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET (RPC) NO.39 of 2019 State of Odisha ..... Petitioner Mr. C.K. Pradhan, AGA. -versus- Sangram Keshari Behera ..... Opposite Parties Mr. J. Rath, Sr. Adv. CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 20.02.2025 Order No. 03 I.A No.16 of 2022 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the parties. 3. This is an application seeking condonation in delay in filing the Review Petition. 4. It is contended that the Tribunal vide order dated 26.06.2018 while disposing of the Appeal at the stage of admission allowed the claim of the Petitioner as made in the said Original Application. Since the O.A. was disposed of at the stage of admission without waiting for a counter by the State, the Tribunal granted liberty for modification/alteration of the order with filing of an application within the stipulated time period i.e. one month from the date of this receipt of the order. 4.1 It is contended that since the order in question was passed by the Tribunal at the stage of admission with liberty, but by the time such liberty came to the knowledge of the Page 2 of 4. Review Petitioner, the period of limitation had already expired. It is accordingly contended that in view of the liberty granted by the Tribunal the delay in filing the Review Petition be condoned. 5. Even though Mr. J. Rath learned Senior Counsel appearing for the Private Opp. Party basing on the objection filed contended that no explanation has been given with regard to condonation of delay, but this Court taking into account the nature of order passed by the Tribunal on 26.06.2018 and the liberty given therein, is inclined to condone the delay in filing the Review Petition. 6 . The I.A. accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge 04. RVWPET (RPC) NO.39 of 2019 1. This application is filed seeking review of order dated 26.06.2018 so passed by the Tribunal in O.A. No.1347 (C) of 2018. 2. It is contended that Private Opp. Party in the Original Application in question prays for a direction on the Opp. Party to treat him as a regular Junior Assistant from the date of his joining pursuant to the Advertisement issued and to treat him as a regular Junior Assistant from the date of his joining, keeping in view the decision of the Tribunal in O.A. No.1971(C)/2016 and to extend him all consequential benefits. 2.1. It is contended that prior to making such claim before the Tribunal, Private Opp. Party had never raised Page 3 of 4. such a claim before the concerned authority. But the Tribunal without wating for a reply from the Review Petitioner allowed the claim placing reliance on an order passed by the self-same Tribunal in O.A. No.4119(C) of 2015. 2.2. It is contended that since the Original Application was disposed of without allowing the Review Petitioner to file its reply and claim of the Petitioner was never considered and rejected prior to such approach being made before the Tribunal, the order dated 26.06.2018 so passed by the Tribunal in O.A. No.1347 of 2018 is liable to be reviewed. 3. Mr. J. Rath learned Sr. Counsel appearing for the Private Opp. Party while supporting the impugned order contended that the Tribunal since found that the claim of the present Private Opp. Party is covered by an order passed in O.A. No.4119(C) of 2015, the matter was disposed of vide Order dt.26.06.2018. It is accordingly contended that no illegality and irregularity can be found with the said order. 4. Having heard learned counsel for the parties and considering the prayer involved in O.A. No.1347 of 2018, it is the view of this Court that prior to giving an opportunity to the State Counsel to file its reply, the matter could not have been disposed of at the stage of admission by the Tribunal by allowing the prayer. 4.1. In view of such material irregularities which is apparent on the face of the Order dated 26.06.2018, this Court is inclined to set aside the order dated 26.06.2018 and allow the Review Petition. Page 4 of 4. 4.2. Office is directed to register O.A. No.1347(C ) of 2018 and list the matter in the week commencing 3rd March. 2025. RVWPET (RPC) accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge