Engineer-In-Chief, Public Health, Odisha vs. Nandakishore Sethy

ITEM NO.13 COURT NO.5 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

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 25160/2024

(Arising out of impugned final judgment and order dated 19-10-2023 in WA No. 849/2021 passed by the High Court Of Orissa At Cuttack)

ENGINEER-IN-CHIEF Petitioner(s)

VERSUS

RAMESH CHANDRA NAYAK & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.150795/2024-CONDONATION OF DELAY IN FILING and IA No.150794/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.150796/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 22-07-2024 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI

For Petitioner(s) Mr. Dhananjaya Mishra, AOR Mr. Nikhil Bhatia, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

2. Heard Mr. Dhananjaya Mishra, learned counsel, appearing for the petitioner.

3. The counsel submits that the Single Judge while granting relief to the respondent No.1 with direction to consider him for regularization also ordered for sanctioning a post for the said purpose. It is contended that such direction for creation of post, could not have been issued by the Writ Court. However the Writ Appeal filed by the State before the Division Bench Digitally signed by Deepak Joshi Date: 2024.07.24 17:53:43 IST Reason: Signature Not Verified

was not entertained on the ground of delay, by the impugned order.

4. The counsel submits that the delay should have been condoned by the Division Bench as it was during Covid period and the State's appeal should have been considered on merit.

5. Issue notice, returnable in four weeks.

(DEEPAK JOSHI) (KAMLESH RAWAT)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR