Orissa High Court
CMAPL/507/2023 of GOURAHARI PANDA Vs STATE OF ODISHA on 15 May 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CMAPL No.507 of 2023 Gourahari Panda …. Petitioner Mr. Subash Chandra Acharya, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. P.K. Mohanty, ASC (For Opp. Party No.1 and 2) Dr. Binod Kumar Mishra, Advocate Along with Mr.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No.507 of 2023
Gourahari Panda
….
Petitioner
Mr. Subash Chandra Acharya, Advocate
-versus-
State of Odisha and others ….
Opp. Parties
Mr. P.K. Mohanty, ASC
(For Opp. Party No.1 and 2)
Dr. Binod Kumar Mishra, Advocate
Along with
Mr. S.S. Jati, Advocate
(For Opp. Party No.3)
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
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ORDER
15.05.2026 (Hybrid Mode) I.A. No.208 of 2023 & CMAPL No.507 of 2023
07.
1. The CMAPL has been filed seeking restoration of the writ application W.P.(C) No.31386 of 2011, which was dismissed by order dated 24.03.2011 of the Coordinate Bench for non-prosecution.
Thereafter, CMAPL has been filed under Rule-30 under Chapter-VIII of Orissa High Court Rules for restoration of the said writ application.
2. The I.A. has been filed for condonation of reported delay of 817 days in filing the CMAPL.
3. Pursuant to the order dated 20.03.2025 of the Coordinate Bench, the petitioner has filed additional affidavit, copy of which has been served on the learned Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: OHC Date: 22-May-2026 19:31:14 Signature Not Verified
Addl. Standing Counsel as well as the learned counsel for the Opp. Party No.3.
4. Referring to the I.A. supported by affidavit as well as additional affidavit, which is available marked at Flag ‘D’, learned counsel for the petitioner submits that sufficient cause has been shown for condonation of delay in filing the CMAPL.
Learned Addl. Standing Counsel as well as the learned counsel for the Opp. Party No.3 in principle oppose the prayer for restoration as well as condonation of delay. They take a fair stand that they will not oppose the prayer, if the Court directs for restoration of the petition.
Having considered the grounds seeking condonation of delay, it is directed that the petitioner shall deposit Rs.500/- (rupees five hundred only) in the Orissa High Court Bar Association, Advocates’ Welfare Fund, deposit the receipt in the Registry. Upon deposit of the amount Rs.500/-, the delay shall be condoned.
CMAPL No.507 of 2023
5. Heard learned counsel for the petitioner as well as learned counsel for the Opp. Parties.
It is submitted by the learned counsel for the petitioner that the petitioner has retired from Government service and he seeks direction for placing him Reader scale and career advancement schemes for the period, he worked in S.S.D. College of Science and Technology, Bali.
6. Considering the fact that the petitioner is seeking intervention of this Court to grant him the service benefits i.e. salary and consequential pensionary benefits, the CMAPL is allowed.
Upon deposit of cost of Rs.500/-, the writ petition shall be restored to file.
The Opp. Parties shall file their respective counter affidavits to the writ application by 30.06.2026 upon serving copy thereof on the learned counsel for the petitioner.
The petitioner shall have liberty to file rejoinder, if so advised, in response to the counter affidavits.
7. The matter shall be listed ‘For Admission’ in the week commencing 27.07.2026.
(Mruganka Sekhar Sahoo) Judge Rajesh