State Of Odisha vs Aurobinda Tripathy
2023 Latest Caselaw 3413 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 218 of 2022

            State of Odisha                              ....           Appellant
                                                                 Mr. A.P. Das
                                                  Additional Standing Counsel
                                          -versus-
            Aurobinda Tripathy                          ....        Respondent
                                                   Mr. A. Tripathy, Advocate

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                          ORDER

Order No. 13.04.2023

02. 1. Although the Court is informed that that the pleadings were complete in the writ petition, it is seen that the impugned order has been passed without discussing the pleadings and noticing that the facts of the case on hand which involved regularization of Assistant Software Engineers was very different from the case concerning regularization of Data Entry Operators (DEOs), which was a subject matter of W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash v. State of Odisha), which had been disposed of by judgment dated 9th September, 2021.

2. Although in para 3 of the impugned judgment it is noted that "it is agreed by learned counsel for the parties...." from what stated in the memorandum of appeal and in the counter affidavit itself, it is plain that the facts of the present case are different and it could not have gone on concession by counsel for the Appellant.

3. For the aforementioned reasons, the impugned order is set aside and W.P.(C) No.20967 of 2020 is restored to the file of learned Single Judge where it will be listed for hearing on 24th July, 2023. The learned Single Judge will then proceed in accordance with law and endeavour to dispose of the writ petition as expeditiously as possible. The status quo as of today shall be maintained till then.

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

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S. Behera