Tikelal Sahu vs State Of Odisha And
2021 Latest Caselaw 8854 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No. 21338 of 2020

            Tikelal Sahu                       ....                   Petitioner

                                                     Mr. S.K. Mishra, Advocate

                                            -Versus -

            State of Odisha and               ....            Opposite Parties
            others
                                                         Mr. S.N. Nayak, ASC


                     CORAM:
                      DR. JUSTICE B.R. SARANGI
                                       ORDER

25.08.2021

Order No. This matter is taken up through hybrid mode.

2. Mr. S.K. Mishra, learned counsel stated that he has instructions to appear on behalf of the petitioner and has taken consent from the previous counsel. He files vakalatnama in Court today. The same be kept on record. His name be indicated as counsel for the petitioner in the cause list.

3. Heard Mr. S.K. Mishra, learned counsel appearing for the petitioner and Mr. J. Pattnaik, Additional Government Advocate.

4. Against the order dated 28.08.2020 passed by the learned Single Judge in the present case directing the opposite parties to regularize the services of the petitioners in the light of judgments of the apex Court in Secretary, State of Karnataka and Others v. Umadevi (3), (2006) 4 SCC 1 and State of Karnataka & others v. M.L. Kesari and others, (2010) 9 SCC 247, the opposite party-State approached the

Division Bench of this Court by filing W.A. No.124 of 2021 and the Division Bench of this Court disposed of the said writ appeal vide order dated 07.07.2021 by issuing following directions in paragraph-7 thereof which reads as follows:

"7. Accordingly, with the consent of learned counsel for the Respondent, the impugned order dated 28th August, 2020 passed by the learned Single Judge in W.P. (C) No.21338 of 2020 is hereby set aside with the following directions:

(i) W.P. (C) No.21338 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) By the aforementioned date, the State of Odisha shall file their para-wise reply to the aforementioned writ petition.

(iii) The Respondent 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 31st August, 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 services of the Respondent shall be maintained."

5. When the said order was passed with the consent of learned counsel for the parties, the State also agreed to file counter affidavit by 25.08.2021. But, till date no counter affidavit has been filed. When the matter is listed today (25.08.2021), learned State Counsel sought time to file counter affidavit, to which this Court is not inclined to accede, in view of the order passed by the Division Bench of this Court fixing time limit to file counter affidavit. At this stage, it is contended by the learned State Counsel that they will get extension of time limit from the appropriate Division Bench for filing counter affidavit. Unless such extension of time is granted by 31.08.2021, this Court will proceed by construing

that the pleadings from the side of the opposite party-State is complete.

6. As such, this Court directs that this matter be listed on 14.09.2021 connecting with W.P.(C) No. 21310 of 2020, by which date all endeavours be made to file counter affidavit and rejoinder affidavit by the respective parties.

Alok                                              (Dr. B.R. Sarangi, J.)