Orissa High Court
Orissa Water Supply And Sewerage ... vs Unknown on 30 June, 2021
W.A. No.418 of 2021
CORAM:
SHRI JUSTICE S.K. MISHRA
AND
SHRI JUSTICE B.P. ROUTRAY
W.A. Nos.418, 420, 423, 429, 430, 436, 437, 445 and 446
of 2021.
Orissa Water Supply and Sewerage Board
... Appellant in all the writ appeals.
-Versus-
Damayanti Panda and Ors. (in W.A. No.418 of 2021)
Laxmipriya Mohanty & Ors. (in W.A. No.420 of 2021)
Sandhyarani Pani & Ors. (in W.A. No.423 of 2021)
Subhendu Sekhar Sahoo & Ors.(in W.A. No.429 of 2021)
Madhusudan Mallick and Ors.(in W.A. No.430 of 2021)
Ajaya Kumar Rout & Ors. (in W.A. No.436 of 2021)
Hemanta Rout & Ors. (in W.A. No.437 of 2021)
Nalinikanta Jena and Ors. (in W.A. No.445 of 2021)
Santosh Kumar Sahu & Ors. (in W.A. No.446 of 2021)
........ Respondents
For Appellant : Mr. Ashok Parija, Advocate General
Mr. Sailaza Nandan Das.
For Respondents : Mr. D. K. Panda and Mr. P. K. Khatei
ORDER
02. 30.06.2021 These matters are taken up through Video
Conferencing mode.
In the bunch of writ appeals Mr. D. K. Panda and Mr.
Prafulla Kumar Khatei have appeared for the
respondents. We have heard Mr. Ashok Parija, learned
Advocate General for the appellants assisted by Mr.
Sailaza Nandan Das.
In judgment dated 21st June, 2021 passed by a
division bench of this Court in which one of us (Mr.
Justice S. K. Mishra) was a party, it is observed as
follows:-
"5. However, we are of the opinion that since these cases
were disposed of on the first date of listing, a detailed
order on merit of the contentions raised by the parties in
the appellate stage for the first time will not be proper
and expedient in the interest of justice.
6. Generally, an order directing the authorities to consider
the representation of a Petitioner is not a proper disposal
of a Writ Petition. However, Courts in India have
developed this method of directing disposal of
representation because of the heavy pendency of the
cases and limited number of Courts.
7. In all these Writ Petitions writs of mandamus have
been issued by directing the appellants to regularise the
services of the Petitioners without affording reasonable
opportunity to the Opposite Parties-Appellants to file
Counter Affidavits and without giving a positive finding
that they are entitled to be regularized in the given facts
and law applicable.
8. In that view of the matter, we hereby allow these Writ
Appeals in Part and set aside the following portion of the
order and direction of the learned Single Judge;
" xxx and regularize their services xxx xxx xxx and
grant consequential service benefits as due admissible to
them."
In other words, we direct the appellants to consider the
representation of the respondents in all these cases
keeping in view the settled principles of law as stated by
Hon'ble Supreme Court in the judgments referred to
above. For this purpose, the Respondents in each cases
are given liberty to file detailed representation along with
duly attested copy of this Judgment within a period of
twenty-one days, which shall be considered by the
authorities keeping in view the aforesaid consideration
within a period of one month thereafter by a reasoned
order after affording reasonable opportunity of hearing to
the Respondents."
The present cases are squarely covered and
accordingly we allow all these Writ Appeals in Part and
set aside the following portion of the order and direction
of the learned Single Judge;
" xxx and regularize their services xxx xxx xxx and
grant consequential service benefits as due admissible to
them."
In other words, we direct the appellants to consider
the representation of the respondents in all these cases
keeping in view the settled principles of law as stated by
Hon'ble Supreme Court in the judgments referred to
above. For this purpose, the Respondents in each cases
are given liberty to file detailed representation along with
duly attested copy of this Judgment within a period of
twenty-one days, which shall be considered by the
authorities keeping in view the aforesaid consideration
within a period of one month thereafter by a reasoned
order after affording reasonable opportunity of hearing to
the Respondents.
As the restrictions due to resurgence of COVID-19 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 Mr. D. K. Panda or P.K. Khatei, Advocates with a seal,
or Mr. Ashok Parija learned A.G. with seals, 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.
....................
S. K. Mishra,
Judge.
.....................
B. P. Routray,
Judge.
MKP
