State Of Odisha vs Ajay Kumar Dalai
2021 Latest Caselaw 8618 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.A. No.635 of 2021


            State of Odisha                         ....           Appellant
                                                       Mr. D.R. Mohapatra
                                                   Senior Standing Counsel
                                       -versus-
            Ajay Kumar Dalai                       ....           Respondent
                                                  Mr. A. Tripathy, Advocate
                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE B.P. ROUTRAY
                                     ORDER

Order No. 17.08.2021

02. 1. Though the matter was not listed today, on being mentioned by learned counsel for the Appellant, it is taken up by a separate notice.

2. In this writ appeal, the Appellant (State of Odisha) challenges the order dated 12th February, 2021 passed by the learned Single Judge in W.P.(C) No.5390 of 2021 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 Respondent.

// 2 //

4. Mr. Tripathy, learned counsel for the Respondent, 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 Respondent, the impugned order dated 12th February, 2021 passed by the learned Single Judge in W.P.(C) No.5390 of 2021 is hereby set aside with the following directions:

(i) W.P.(C) No.5390 of 2021 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) The pleadings in the writ petition shall be completed not later than 30th September, 2021.

(iii) The learned Single Judge is requested to endeavour to dispose of the writ petition on merits not later than 8th November, 2021.

// 3 //

(iv) Till disposal of the writ petition, the status quo as to the service of the Respondent 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