State Of Odisha And Another vs Basanta Kumar Naik And Others
2021 Latest Caselaw 8792 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.A. No.669 of 2021

              State of Odisha and another             ....             Appellants
                                                           Mr. S.N. Das, A.S.C.
                                      -versus-
              Basanta Kumar Naik and others          ....          Respondents
                                                    Mr. A. Tripathy, Advocate
                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE B.P. ROUTRAY
                                        ORDER

24.08.2021 Order No.

01. 1. This matter is taken up by a separate notice.

2. In this writ appeal, the Appellants (State of Odisha) challenge the order dated 28th August, 2020 passed by the learned Single Judge in W.P.(C) No.21234 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.

4. Mr. Tripathy, learned counsel for the Respondents, appearing on advance notice, does not dispute that the above writ petition

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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 28th August 2020 passed by the learned Single Judge in W.P.(C) No.21234 of 2020 is hereby set aside with the following directions:

(i) W.P.(C) No. 21234 of 2020 is restored to the file of the learned Single Judge and shall be listed before the learned Single Judge for directions on 25th 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.

(iv) Till the disposal of the writ petition, the status quo as to the service of the Respondents shall be maintained.

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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

M. Panda