State Of Odisha And Another vs Jogindra Kumar Karjee And Others
2021 Latest Caselaw 11301 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      W.A. No.267 of 2021
               State of Odisha and Another                  ....        Appellants
                                    Mr. S.N. Das, Additional Standing Counsel
                                       -versus-
               Jogindra Kumar Karjee and Others             ....      Respondents
                                                       Mr. S.K. Rout, Advocate
                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE B. P. ROUTRAY
                                      ORDER

Order No. 3.11.2021

02. 1. 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.21313 of 2020 directing the Appellants to regularize the services of the Respondents 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.

2. Notice. Mr. S.K. Rout, Advocate accepts notice for the Respondents.

3. Mr. S.N. Das, learned Additional Standing Counsel points out that the impugned order was passed on the very first date of listing of the 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. Das 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

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date. He further points out that in some of the petitions even the correct Department of the Government was not impleaded as party.

4. Mr. Rout, learned counsel for the Respondents, 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.

5. 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.

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.21313 of 2020 is hereby set aside with the following directions:

(i) W.P. (C) No.21313 of 2020 is restored to the file of the learned Single Judge and shall be listed before the learned Single Judge for directions on 16th November, 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 Petitioners 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 30th November, 2021.

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(iv) The learned Single Judge is requested to endeavour to dispose of the writ petition on merits not later than 8 th February, 2022.

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

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.K. Panda