Orissa High Court
State Of Odisha vs Idris Ali Khan And Others on 13 July, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.151 of 2021
State of Odisha .... Appellant
AGA for State
-versus-
Idris Ali Khan and others .... Respondentss
Mr. A.Tripathy, Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE S.K. PANIGRAHI
ORDER
13.07.2021
Order No.
05. 1. This matter is taken up by video conferencing mode, by a
separate notice.
2. In this writ appeal, the Appellant (State of Odisha) challenges the
order dated 28th August 2020 passed by the learned Single Judge in
W.P.(C) No.20965 of 2020 directing the Appellant 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 was
disposed of on the very date of listing without notice to the
Appellant 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.20965 of 2020 is hereby set
aside with the following directions:
(i) W.P.(C) No.20965 of 2020 is restored to the file of the learned
Single Judge and shall be listed before the learned Single Judge for
directions on 19th July, 2021.
(ii) By the aforementioned date, the State of Odisha shall file their
para-wise reply to the aforementioned writ petition.
(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 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
service of the Respondents shall be maintained.
7. The writ appeal is disposed of in the above terms.
8. As the restrictions due to resurgence of COVID-19 situation are
continuing, learned counsel for the parties may utilize a printout of
the order available in the High Court's website, at par with certified
copy, subject to attestation by the concerned advocate, in the
manner prescribed vide Court's Notice No.4587, dated 25th March,
2020 as modified by Court's Notice No.4798, dated 15th April,
2021.
(Dr. S. Muralidhar)
Chief Justice
(S.K. Panigrahi)
Judge
S.K. Guin
