State Of Odisha & Ors vs Sri Ajit Ku. Mishra
2021 Latest Caselaw 6363 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.A. No.98 of 2021

            State of Odisha & Ors.                ....           Appellants
                                         Mr. A.K. Parija, Advocate General
                                          with Mr. M. K. Khuntia, A.G.A.

                                         Versus
            Sri Ajit Ku. Mishra                    ....           Respondent
                                                   Mr. S. K. Rout, Advocate


                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE SAVITRI RATHO
                                       ORDER

Order No. 17.06.2021

04. 1. This matter is taken up by video conferencing mode.

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.21285 of 2020 directing the Appellants to regularize the services of the Respondent in light of the judgment in State of Karnataka and Others v. Umadevi (3) (2006) 4 SCC 1 and State of Karnataka & others v. M. L. Kesari (2010) 9 SCC 247.

3. Notice. Mr. S.K. Rout, Advocate accepts notice for the Respondent.

4. Mr. A.K. Parija, learned Advocate General points out that the impugned order was passed on the very first date of listing of the

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writ petition and was disposed of without notice being issued to the Appellants herein. Accordingly, there was no occasion for the Appellants to even file a counter affidavit after verifying the factual averments in the petition. Mr. Parija points out that the writ petition was disposed of by simply following an earlier order of the learned Single judge of similar nature which too was passed on the very first date. He further points out that in some of the petitions even the correct Department of the Government was not impleaded as party.

5. Mr. Rout, learned counsel for the Respondent, appearing on caveat, does not dispute that the writ petition was disposed of on the very first date of listing without notice to the Appellants and without any opportunity to them to file a counter affidavit.

6. On the above short admitted ground, this Court is of the view that the impugned order should be set aside and the matter remanded to the learned Single Judge for a fresh disposal on merits after completion of pleadings.

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. 21285 of 2020 is hereby set aside with the following directions:

(i) W.P. (C) No. 21285 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.

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(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.

8. The writ appeal is disposed of in the above terms.

9. 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.4798, dated 15th April, 2021.

(Dr. S. Muralidhar) Chief Justice

(Savitri Ratho) Judge Prasant