State of Odisha Vs Prafulla Kumar Jena — Orissa HC (2025) — LawSathi Research

State of Odisha Vs Prafulla Kumar Jena — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal disposed of in terms of the coordinate Bench order dated 22.10.2024 in W.A. No. 448 of 2024; State granted further three months' time to comply with the learned Single Judge's order dated 03.11.2022 in W.P.(C) No. 14701 of 2022.

Issue for consideration

Whether the present writ appeal is covered by the earlier order dated 22.10.2024 passed by the coordinate Bench in W.A. No. 448 of 2024 and should be disposed of in its terms. +1 more

Court's answer

The matter is covered by the earlier order dated 22.10.2024 passed by the coordinate Bench in W.A. No. 448 of 2024.

Ratio / Principle

The Writ Appeal is disposed of in terms of the said earlier order (which had condoned delay and dismissed the writ appeal in light of the Supreme Court's order dated 10.10.2022 in SLP (Civil) Diary No. 22626 of 2022).

Key takeaways

Further three months' time is granted to the State for compliance of the order of the learned Single Judge dated 03.11.2022 in W.P.(C) No. 14701 of 2022.ratio¶23

Detailed headnote1 paragraphs

Writ Appeal (State of Odisha and another v. Prafulla Kumar Jena and others), WA No.1572 of 2024, High Court of Orissa at Cuttack, disposed of on 28.07.2025 (Pathak and Sahoo, JJ.) in terms of the coordinate Bench order dated 22.10.2024 in W.A. No. 448 of 2024, the Court finding the matter covered thereby (paras 5 and 6 of that order reproduced). That order had condoned delay and dismissed the writ appeal in light of the Supreme Court's order dated 10.10.2022 in SLP (Civil) Diary No. 22626 of 2022 dismissing the SLP, whereby the High Court's order dated 18.04.2022 in W.P.(C) No. 26692 of 2011 stood affirmed; the reproduced Supreme Court order notes reliance on General Secretary, Utkal University Demonstrators' Association vs. Utkal University & Ors. (decided 30.09.2011). The respondent-petitioner, who has retired, is awaiting benefits of UGC scale of pay; three months' further time was granted to the State to comply with the learned Single Judge's order dated 03.11.2022 in W.P.(C) No. 14701 of 2022.

IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.1572 of 2024

State of Odisha and another …. Appellants

Represented By Adv. – Mr. Subha Bikash Panda, Advocate

-versus-

Prafulla Kumar Jena and others …. Respondent

Represented By Adv. – Mr. Sashi Bhusan Jena, Advocate For Respondent No.1

CORAM: JUSTICE MANASH RANJAN PATHAK JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

28.07.2025

Order No.

It is stated and agreed at that the matter is covered by the order 02. dated 22.10.2024 passed by the coordinate Bench in W.A. No. 448 of 2024. We have been provided with copies of the said order. Said order in writ appeal refers to the order dated 10.10.2022 passed by the Hon’ble Apex Court in SLP (Civil) Diary No.22626 of 2022.

Having gone through the appeal memo as well as after hearing the learned counsel for the parties, we are of the opinion that the matter is covered by the earlier order dated 22.10.2024 particularly paragraphs 5 & 6 which are reproduced herein :

5. It is admitted that the order of this Court dated 18.04.2022 passed in W.P.(C) No. 26692 of 2011 has been affirmed by the Supreme Court by an order dated 10.10.2022 passed in SLP (Civil) Diary No. 22626 of 2022.

6. In such view of the matter while condoning the delay in preferring the appeal, this writ appeal is dismissed in the light of the Supreme Court’s order dated 10.10.2022 passed in SLP (Civil) Diary No. 22626 of 2022.”

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In SLP (Civil) Diary No. 22626 of 2022, following order was passed on 10.10.2022 which is reproduced herein :

“ Delay condoned.

The Division Bench of the High Court of Orissa in the judgment impugned has placed reliance on the earlier view expressed by the High Court in the case of General Secretary, Utkal University Demonstrators’ Association vs. Utkal University &Ors., decided on 30.09.2011, against which the Special Leave Petition came to be dismissed by this Court.

After we have heard the learned Counsel for the parties, find no reason to entertain the present petition.

The Special Leave Petition is, accordingly, dismissed.

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

The Writ Appeal is disposed of in terms of the above order and it is stated by the learned counsel for the respondent-petitioner that the respondent has retired long since and awaiting benefits of UGC scale of pay. It is also stated that since the matter has already been concluded before this Court and Hon’ble Apex Court, should be given effect at the earliest. In response, learned AGA submits State may be granted further three months’ time to comply with the order.

We record the submission of learned AGA. Further three months’ time is granted for compliance of the order of this Court passed by learned Single Judge dated 03.11.2022 in W.P.(C) No. 14701 of 2022.

(Manash Ranjan Pathak) Judge

dutta

(Mruganka Sekhar Sahoo) Judge

Signature Not Verified

Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 28-Jul-2025 20:38:08

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