Orissa High Court
WA/1264/2024 of STATE OF ODISHA Vs NIRAKAR MOHANTY on 14 July 2026
HIGH COURT OF ORISSA AT CUTTACK W.A No.1264 of 2024 State of Odisha & Others ... Appellants Mr. S.B. Mohanty, AGA -Versus- Nirakar Mohanty and others … Respondent Mr. P.K. Mohapatra, Advocate CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 14.07.2026 W.A
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A No.1264 of 2024
State of Odisha & Others
...
Appellants
Mr. S.B. Mohanty, AGA
-Versus-
Nirakar Mohanty and others
…
Respondent
Mr. P.K. Mohapatra, Advocate
CORAM:
JUSTICE KRISHNA S. DIXIT
JUSTICE CHITTARANJAN DASH
Order No.
01.
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ORDER
14.07.2026
W.A No.1264 of 2024 and I.A No.3266 of 2024
State and its officials are in Intra-Court Appeal for laying a challenge to a learned Single Judge’s order dated 13.12.2023, whereby Respondent-employee’s W.P.(C) No.37989 of 2023 having been favoured, following relief has been accorded to him: “7. In view of the above settled position of law, nothing remains to be reconsidered by this Court. Accordingly, the Opposite Parties are directed to extend all such benefits in favour of the Petitioner in terms of the directions given by the Court as mentioned above, as expeditiously as possible, preferably within a period of three months from the date of communication of the certified copy of the order.”
2. The appeal has been filed after brooking a delay of 123 days and an application in I.A. No.3266 of 2024 supported by affidavit accompanies the appeal memo.
3. Learned counsel for the Respondent-employee, in appreciable fairness, submits that there is some plausible explanation for the delay brooked and therefore, he has no objection for allowing the application. In that view of the matter, application in I.A. No.3266 of 2024 is allowed and delay is condoned.
4. After hearing learned counsel for the parties and after perusal of the appeal papers, we are of the considered opinion that this Intra-Court Appeal is substantially similar to the one in W.A. No.17 of 2023 between State of Odisha v. Krushna Chandra Mallick heard and decided by Co-ordinate Bench vide order dated 15.07.2025. In view of the same, what order has been made in the said cognate case has to decide the fate of this Appeal.
In the above circumstances, the Appeal being devoid of merits is liable to be rejected and is accordingly dismissed in limine. The Appellants are directed to implement the order within an outer limit of eight (8) weeks, failing which it shall invite appropriate action.
Web copy of this order to be acted upon by all concerned.
(Krishna S. Dixit)
Judge
(Chittaranjan Dash) Judge
Anisha Digitally Signed Signed by: ANISHA NANDA Designation: Jr. Stenographer Reason: Authentication Location: OHC, Cuttack Date: 15-Jul-2026 15:56:07 Signature Not Verified