Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 6474 (ORI)

STATE OF ODISHA v. PRAKASH BEHERA

WA/103/2025 · 2026-05-11

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.103 of 2025 State of Odisha & Others …. Appellant Mr. U.C. Behura, AGA -versus- Prakash Behera Principal Secretary to Government, Department of Finance, Government of Odisha, Lok Seva Bhawa & Others …. Respondents Proforma Respondents CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH ORDER Order No. 11.05.2026 W.A. No.103/2025 & I.A. No.159/2025 01. This Intra-Court Appeal by the State and its officials seeks to call in question a learned Single Judge’s order 21.11.2023 Respondent’s WP(C) No.4183 of 2023 having been favoured, the relief has been accorded to him as under: “8. Having heard the learned counsels appearing for the respective parties and on a careful consideration of their submissions as well as the materials on record, this Court deems it proper to dispose of the writ petition at the stage of admission by setting aside the impugned order dated 7.2.2020 passed by the Opposite Party No.3 under p. 2 Annexure-1 and further remand the matter back to the Opposite Party No.3 to consider the case of the Petitioner afresh keeping in view the order passed by the coordinate Bench as referred hereinabove and in the event it is found that the Petitioner stands in similar footing with the Petitioner in the above noted writ petitions, then Opposite Party No.3 shall do well to extend similar benefits in favour of the Petitioner within a period of two months from the date of communication of a certified copy of this order by the Petitioner. The decision so taken be also communicated by the Opposite Party No.3 to the Petitioner within a period of two weeks from the date of taking such decision. Further, it is made clear that in the event the Opposite Parties come to a conclusion that the Petitioner in the present writ petition is entitled to the relief as has been granted by this Court in the writ petition referred hereinabove, then financial entitlement shall be given to the Petitioner within a period of six weeks from the date of taking such decision. However, the same shall be without interest. In the event the Opposite Parties fail to give such amount within the aforesaid time, then said amount shall carry interest @ 8% per annum till the final payment is made. 9. With the aforesaid observation and direction the writ petition is disposed of.” The Appeal has been filed after brooking a delay of 384 days. An application in I.A. No.159/2025 supported by affidavit accompanies the same. A perusal of the application and the affidavit would not make a case of plausible explanation, delay being long. Therefore, we decline to condone the same and as a consequence, the application stands rejected. Page 3 of 3 We have heard the matter on merits. The text of the impugned order would show that what has been done is that the matter is remanded for consideration afresh on a normative basis, after setting aside the order dated 07.02.2020 challenged in the said writ petition. Ordinarily, in remand matters of the kind, Appeals are not entertained subject to all just exceptions which the case of the Appellants does not fit. In the above circumstances, this Appeal fails. Registry to send a copy of this order to the Respondents by speed post. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Basu Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECRETARY