The State Of Odisha vs Shantilata Swain on 21 July, 2025

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Supreme Court - Daily Orders

The State Of Odisha vs Shantilata Swain on 21 July, 2025

Bench: J.K. Maheshwari

                                  IN THE SUPREME COURT OF INDIA
                                   CIVIL APPELLATE JURISDICTION

                               CIVIL APPEAL NO.           OF 2025
                           (Arising out of SLP (C) No. 15194 of 2024)

                      THE STATE OF ODISHA & ANR.                Appellant (s)

                                                 VERSUS

                      SHANTILATA SWAIN AND ANR.                 Respondent(s)


                                               O R D E R

1) Arising out of the order dated 02.11.2023 in Writ Appeal No. 1629 of 2023 whereby the High Court 1 relying upon the judgment of State of Odisha v. Surama Manjari Das (W.P.(C)No. 15763 of 2021) dismissed the same as time barred without deciding the Writ Appeal on merits.

2) The same issue had come up for consideration in a batch of petitions before this Court (lead matter being Civil Appeal No.10510 of 2024 @SLP (C)No.9008 of 20242) whereby vide order dated 10.09.2024, this Court set aside the impugned order and remitted the matter to the Division Bench of the High Court for decision on merits. The said order is reproduced as Signature Not Verified under:

Digitally signed by

NIDHI AHUJA Date: 2025.07.29 10:59:50 IST Reason:

1 High Court of Orissa 2 The State of Odisha & Ors. v. Madhurima Panigrahi 1 C.A. No. /2025 (@SLP (C) No. 15194/2024) “Leave granted.

2. Heard Mr. Shubhranshu Padhi and Mr.Subhasish Mohanty, learned counsel appearing for the appellants. Also heard Mr. Rajasmit Mondal, learned counsel appearing for the respondents.

3. The matters pertain to ante-dating the regularisation of the respondents w.e.f. 28.02.2004, instead of 12.08.2016, as was permitted by the authorities. The learned Single Judge ordered ante-dating the regularisation by following the decision dated 25.08.2022 in Harapriya Patra v. State of Odisha in WPC (OAC) No. 2709 of 2016.

4. The State filed Writ Appeal(s) to challenge the above decision of the learned Single Judge but those were not considered on merit and instead dismissed on the ground of belated filing, by following the ratio in State of Odisha Vs. Surama Manjari Das passed in WP(C) No. 15763 of 2021.

5. In cases of this nature, which may have implication for a large number of Government employees and also financial implication for the State, the Division Bench ought to have considered the merit of the State’s challenge particularly when most of the Writ Appeals were not filed with inordinate delay.

6. In the above circumstances, we deem it appropriate to set aside the impugned judgment(s) of the Division Bench. The appeals are accordingly disposed of. The matters are remitted back to the Division Bench of the High Court so that a decision on merit on the State’s challenge, can be rendered. Effort should be made for early disposal of the Writ Appeal(s).

7. Pending application(s), if any, shall stand 2 C.A. No. /2025 (@SLP (C) No. 15194/2024) closed.”

3) In view of the above, we set aside the impugned order and remit the matter back to the High Court to decide on merit after restoring the Writ Appeal.

4) It is needless to observe that during hearing of the Writ Appeal, all objections and legal issues are left open to be raised by the parties before the Court.

5) Since the matter relates to retired employees; however, we request the High Court to decide the same as expeditiously as possible.

6) Accordingly and with the aforesaid observations, the appeal stands disposed of.

7) Pending application(s), if any, shall stand disposed of.

………………………………………………., J.

[ J.K. MAHESHWARI ] ………………………………………………., J.

[ VIJAY BISHNOI ] New Delhi;

July 21, 2025.

3 C.A. No. /2025 (@SLP (C) No. 15194/2024) ITEM NO.51 COURT NO.4 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No. 15194/2024 [Arising out of impugned final judgment and order dated 02-11-2023 in WA No. 1629/2023 passed by the High Court of Orissa at Cuttack] THE STATE OF ODISHA & ANR. Petitioner(s) VERSUS SHANTILATA SWAIN & ANR. Respondent(s) (IA No.121419/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.121421/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 21-07-2025 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI For Petitioner(s) :

Mr. Prakash Ranjan Nayak, AOR Mr. Debasis Jena, Adv.

Mr. Somkeerti V Singhdeo, Adv.

For Respondent(s) :

Mr. Kedar Nath Tripathy, AOR UPON hearing the counsel the Court made the following O R D E R

1) Leave granted.

2) The appeal stands disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of.

          (NIDHI AHUJA)                    (NAND KISHOR)
            AR-cum-PS                   ASSISTANT REGISTRAR

[Signed order is placed on the file.] 4

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