Principal Secretary To Government vs. Bijay Kumar Sahoo

COURT NO.5

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 26133/2024

(Arising out of impugned judgment and order dated 01-12-2023 in WA No. 2760/2023 passed by the High Court of Orissa at Cuttack)

STATE OF ODISHA & ORS.

Petitioner(s)

VERSUS

KEDAR CHARAN JENA & ORS.

Respondent $(s)$

$(IA)$ No.138758/2024-CONDONATION $\mathsf{OF}$ DELAY IN FILING $\quad\text{and}\quad$ $\mathbf{I}\mathbf{A}$ No.138759/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date: 06-09-2024 This petition was called on for hearing today. HON'BLE MR. JUSTICE HRISHIKESH ROY CORAM :

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s) Mr. Prasenjeet Mohapatra, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

1. Delay condoned.

Heard Mr. Prasenjeet Mohapatra, learned counsel appearing for 2. the petitioners.

$\mathbf{3}$ The counsel submits that following the order passed by the Tribunal on 12.09.2013 favouring the respondent, the State took steps for prospective regularisation of the service of the employees working in the Department of School and Mass Education, through the orders dated 17.11.2017 and 14.03.2018. However, under Signa the learned Division Bench, the Travit gularisation is ordered retrospectively with effect from their respective initial joining date.

$\mathbf{1}$

4. It is next pointed out that the above relief was based on the judgment dated 07.10.2021 in W.P.C.(OAC) No.1074 of 2017 (Niranjan Das & Ors. v. State of Odisha & Ors.) and the said judgment of the Orissa High Court is challenged by the State and the matter is pending in the shape of the SLP (Civil) No. 24480 of 2023.

5. Issue notice.

6. Tag with SLP (Civil) Diary No. 30865 of 2023.

(NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR