Indian Kanoon - Search engine for Indian Law

Orissa High Court

State Of Odisha vs Kamalendu Mendli & Others on 9 March, 2026

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.A. No.974 of 2024
              State of Odisha                ....   Appellant
                                                    Mr. S. B. Panda, AGA
                                  -versus-
              Kamalendu Mendli & others ....                     Respondents
                                            Mr. B. Routray, Sr. Advocate
                                                    For Respondent No.1
                         CORAM:
                         JUSTICE KRISHNA SHRIPAD DIXIT
                         JUSTICE CHITTARANJAN DASH
                                         ORDER

Order No. 09.03.2026

01. I.A. No. 2528 of 2024 There is delay of 347 days brooked in filing the Writ Appeal. An application in I.A. No.2528 of 2024, supported by 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. Non-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.2528 of 2024 having been favoured, delay in filing the Writ Appeal is condoned.

(Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge W.A. No. 974 of 2024 This Intra-Court Appeal by the State seeks to call in question a learned Single Judge's order dated 18.04.2023, whereby Respondent's W.P.(C) No.12481 of 2019 having been favoured, relief has been accorded to him as under:-

"13. In the final analysis, in the light of the foregoing discussions, the impugned order dated 31.05.2019 passed by the Government of Odisha in the Department of Higher Education, Odisha under Annexure-12 in rejecting the claim of the petitioners for regularization in the posts of Junior Assistant in Sambalpur University cannot be sustained in the eye of law and is hereby set aside. The opposite parties shall pass appropriate order for regularisation of services of the petitioners against the post of Junior Assistants as expeditiously as possible preferably within a period of three months from the date of receipt of copy of this judgment.

Resultantly, the writ petitions are allowed. In the circumstances, there will no order as to costs."

2. The subject matter of this Appeal is substantially similar to the one in W.A. No.1222 of 2025 between State of Odisha & another vs. Ranjan Kumar Rout heard and decided by this Court vide order dated 21.01.2026, whereby Appeal of the kind has been negatived.

3. Learned Sr. Advocate appearing for the Respondent rightly submits that similar cases should be decided similarly subject to all just exception which argued case of the Appellant does not fit.

4. In the above circumstances, this Appeal being unworthy of merits is liable to be and accordingly dismissed.

The order of the learned Single Judge shall be implemented and compliance report shall be filed with the Registrar General of this Court within an outer limit of eight (08) weeks without giving scope for contempt action.

Web copy of order to be acted upon by all concerned.

(Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Bijay/Sarbani Signature Not Verified Page 3 of 3 Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Mar-2026 10:14:50