Bhima Jani Vs Union of India — Orissa HC (2025) — LawSathi Research

Bhima Jani Vs Union of India — Orissa HC (2025) — LawSathi Research

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.20921 of 2025

Bhima Jani

….. Petitioner

Mr. S.K. Ojha, Advocate -versus-

Union of India and others

..... Opp. Parties Mr. Soubhagya Ch. Dev Dash, Central Govt. Counsel

CORAM:

HON’BLE MR. JUSTICE S.K. SAHOO HON’BLE MR. JUSTICE S. S. MISHRA

ORDER

Order No.

04.08.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This writ petition has been filed by the petitioner, Bhima Jani, challenging the order dated 17.04.2025 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter, ‘Tribunal’) in O.A. No.260/00122 of 2020.

It appears that the petitioner approached the learned Tribunal with the following prayer:

Signature Not Verified

Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 05-Aug-2025 18:00:16

“i) Let a direction be issued to the respondents to regularize the applicants against the post of Telecom Assistants (previously named as Regular Mazdoor) with effect from the respective date of their joining in service and they may be given all the service benefits

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attached to the said post;

ii) Let it be declared that the order dtd.04.03.2004 issued by the Corporate Office is not a bar in regularizing the applicants against the post they are holding and;

iii) Let the applicants be granted with any other relief(s) they are entitled to and also pass such other order/orders as may be deemed fit and proper for the interest of justice.”

Learned counsel for the petitioner has referred to the earlier order dated 28.01.2022 passed by the learned Tribunal in M.A. No.260/00117 of 2021. By the said order, the learned Tribunal while admitting the Original Application has condoned the delay on the ground that the matter pertains to regularization. By the said order, an interim order was also passed in favour of the petitioner, directing the opposite parties not to disengage the petitioner without leave of the Tribunal. However, when the matter was finally taken up by the learned Tribunal, the learned Tribunal simplicitor dismissed the Original Application on the ground of delay and latches without noticing the earlier order dated 28.01.2022. Therefore, the petitioner is aggrieved and has filed the present writ petition.

Mr. Dash, learned Central Govt. Counsel appearing for the Union of India has received the copy of the writ petition and after going through the averments taken and documents annexed and hearing the learned counsel for

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the petitioner fairly submits that the impugned order be set aside and the matter be remanded back to the learned Tribunal for adjudicating it on merit.

We have carefully taken into consideration the order passed by the learned Tribunal in the Original Application and has also taken into consideration the submission made by the learned counsel at the Bar. We are of the view that once the delay was condoned by a speaking order by the Tribunal, which has not been challenged by the opposite parties, dismissing the Original Application on the ground of delay and latches is not sustainable. Therefore, we feel it appropriate to set aside the order dated 17.04.2025 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/00122 of 2020 and remanded the matter back to the learned Tribunal for the purpose of deciding the Original Application afresh on merits.

Accordingly, the writ petition is allowed.

( S.K. Sahoo)

Judge

(S.S. Mishra)

Judge

Rajesh

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