Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.322 of 2025
State of Odisha, represented through its Secretary in the Department of Agriculture. …. Appellant Mr.Satya Brata Mohanty, AGA -Versus-
1. Sudipta Mohanty
2. Vice Chancellor, OUAT & Others …. Respondent Proforma Respondents Mr.B.B.Mohanty., Advocate for R.1
CORAM:
JUSTICE KRISHNA S. DIXIT
JUSTICE CHITTARANJAN DASH
Order No.
01.
ORDER 20.05.2026 I.A. No.667 of 2025 Since the online certified copy of the order in question has already been filed in the meaning, filing of the same is dispensed with. I.A. is accordingly disposed off.
(Krishna S. Dixit ) Judge
( Chittaranjan Dash ) Judge I.A. No.668 of 2025
02.
There is a delay of 385 days brooked in filing the writ appeal. An application in I.A. No.668 of 2025, supported by p. 2 affidavit, accompanies the Appeal Memo, wherein delay is plausibly explained. Condonation of delay would not prejudice case of the other side, inasmuch as matter would be heard on merit. Not condoning will oust the Appellant from Court, which Courts, exercising writ jurisdiction in Appeal, not do.
In the above circumstances, application in I.A. No.668 of 2025 having been favoured, delay in filing the Writ Appeal is condoned.
I.A. is thus disposed off.
(Krishna S. Dixit ) Judge
( Chittaranjan Dash ) Judge
W.A. No.322 of 2025
03.
The State, in this Intra-Court Appeal, calls in question a learned Single Judge’s order dat0ed 06.12.2023, whereby Respondent No.1’s W.P.(C) No.20706 of 2016 has been
disposed off conferring benefit on her in terms of cognate case in W.P.(C) No.8489 of 2023 and batch of other cases disposed off by a learned Single Judge vide judgment dated 19.10.2023.
Learned counsel for the Respondent No.1-employee places at our hand our order dated 12.05.2026 entered in W.A. No.327 of 2025 and a host of other matters, that have been dismissed with following observations at Paragraphs-3 & 4 thereof, which read as under: p. 3
“3. Having heard learned counsel appearing for the parties and having perused the Appeal papers, we decline indulgence in the Appeals inasmuch as the learned Single Judge has only directed the University to frame a broad policy scheme for regulating the claim for regularization of services of these contractual teachers and non-teaching staff. Further a direction is given to the University to submit the scheme for approval of the State Government in its discretion. There is no direction to the State Government, which is the Appellant here, that it is bound to approve the scheme whatever be its policy contents. Apparently, discretion is left to the Government since it is a matter of policy, inter alia, having financial implications.
4. Mr. Das, learned counsel appearing for the Employees draws our attention to the letter dated 10.04.2024, a copy whereof avails at Annexure-A/1 to the Petition whereby University has already promulgated a scheme and submitted it to the Government for consideration. He rightly tells us that merely dismissing the Appeals would not do justice to his clients and therefore the Government should be
directed to consider the subject scheme as to whether it merits approval.”
Counsel for the Respondent No.1-employee draws our attention to the operative portion of our order whereby Appeal of the kind filed by the State has been negatived, as mentioned above. The same reads as under:
“In the above circumstances, these Appeals fail coupled with a direction to the Appellants-State to take a call on the draft scheme submitted by the University providing for the guidelines in terms of which the claims for regularization have to be processed. Time for compliance is three months. All contentions are kept open.” p. 4 In the above circumstances, this Appeal fails coupled with a direction to the Appellant-State to take a call on the draft scheme submitted by the University providing for the guidelines in terms of which the claims for regularization have to be processed. Time for compliance is three months. All contentions are kept open.
Web copy of order to be acted upon by all concerned.
(Krishna S. Dixit ) Judge
( Chittaranjan Dash )
Judge Basu Designation: ADDL. DY. REGISTRAR-CUM-ADDL.
PRINCIPAL SECRETARY