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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SAVITRI RATHO
State of Odisha – Appellant
Versus
Paramananda Sarangi – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing appeal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. background on the writ appeal filed by state. (Para 8 , 9) |
| 3. arguments regarding applicability of precedent. (Para 10 , 11 , 12) |
| 4. entitlement to benefits based on precedent. (Para 13 , 14) |
| 5. dismissal of writ appeal and costs. (Para 15 , 16) |
JUDGMENT :
I.A. No. 854 of 2026
1. This is an application for condonation of delay of 146 days in filing the Writ Appeal.
2. Although Stamp Reporter has pointed out a delay of 46 days, on computation of limitation period, it appears that there is a delay of 146 days in filing the Writ Appeal.
3. Mr. Siba Narayan Biswal, learned Additional Standing Counsel submits that the delay in filing the Writ Appeal was not intentional and the same is bona fide.
4. Mr. Lokanath Rath, learned counsel for the Respondent submits that he has no serious objection for condonation of delay but he submits that the Writ Appeal may be taken up on merits.
5. Taking note of the submission by the learned counsel for the parties, delay in filing the Writ Appeal is condoned.
6. The I.A. is disposed of.
7. On the request of Mr. Rath, learned counsel for the Respondent and on consent of Mr.
The court reinforced that equitable treatment based on established precedent is applicable to similar cases involving work-charged establishment personnel.
Discrimination in employment violates Article 14; individuals in similar situations must be treated equally.
Inordinate unexplained delay of 20 years bars condonation; doctrine of laches prevents revival of stale claims.
The court reinforced that a history of misconduct and undue delay in challenging an award limits entitlement to relief in service matters, aligning with principles on delay and laches.
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