Orissa High Court
State Of Odisha And Another vs Malaya Ranjan Pattnaik And Others on 12 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.615 of 2021
State of Odisha and another .... Appellants
Mr. S.N. Das, A.S.C.
-versus-
Malaya Ranjan Pattnaik and others .... Respondents
Mr. A. Tripathy, Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE B.P. ROUTRAY
ORDER
12.08.2021
Order No.
02. 1. This matter is taken up by a separate notice.
2. In this writ appeal, the Appellants (State of Odisha) challenge
the order dated 20th August 2020 passed by the learned Single
Judge in W.P.(C) No.20008 of 2020 directing the Appellants to
regularize the service of the Respondents in light of the judgments
in State of Karnataka and others v. Umadevi (3) (2006) 4 SCC 1
and in State of Karnataka & others v. M. L. Kesari (2010) 9 SCC
247.
3. Issue notice. Mr.A.Tripathy, learned Advocate accepts notice
for the Respondents.
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4. Mr. Tripathy, learned counsel for the Respondents, appearing
on advance notice, does not dispute that the above writ petition
was disposed of on the very date of listing without notice to the
Appellants and without any opportunity to them to file a counter
affidavit and states that the present writ appeal, being similar to
W.A. No.205 of 2021, which was disposed of on 17th June 2021,
the same may be disposed of in terms of the said order dated 17th
June, 2021.
5. On the above short admitted ground, this Court is of the view
that the impugned order should be set aside and the matter should
be remanded to the learned Single Judge for a fresh disposal on
merits after completion of pleadings.
6. Accordingly, with the consent of learned counsel for the
Respondents, the impugned order dated 20th August 2020 passed
by the learned Single Judge in W.P.(C) No.20008 of 2020 is
hereby set aside with the following directions:
(i) W.P.(C) No.20008 of 2020 is restored to the file of the learned
Single Judge and shall be listed before the learned Single Judge
for directions on 24th August, 2021.
(ii) By the aforementioned date, the State of Odisha shall file their
para-wise reply to the aforementioned writ petition.
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(iii) The Respondents herein i.e. the Writ Petitioner shall be given
an opportunity by the learned Single Judge to file a rejoinder to
the above affidavit in a time-bound manner. In any event the
pleadings in the writ petition shall be completed not later than 30th
September, 2021.
(iv) The learned Single Judge is requested to endeavour to dispose
of the writ petition on merits not later than 8th November, 2021.
(v) Till the disposal of the writ petition, the status quo as to the
service of the Respondents shall be maintained.
7. The writ appeal is disposed of in the above terms.
8. An urgent certified copy of this order be issued as per rules.
(Dr. S. Muralidhar)
Chief Justice
( B.P. Routray )
Judge
S.K. Guin
