State Of Odisha And Another vs Anjan Kumar Rout And Others
2023 Latest Caselaw 2489 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       W.A. No.1055 of 2022

            State of Odisha and another                  ....          Appellants
                                                        Mr. R.N. Mishra, AGA
                                    -versus-
            Anjan Kumar Rout and others            ....      Respondents
                                  M/s. S.K. Ojha, Advocate & Associates

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY
                                           ORDER

28.03.2023 Order No.

01. 1. Even according to the learned counsel for the Respondents, the present case concerns the plea of regularization of MIS Computer Programmers whereas the judgment dated 9th September, 2021 in W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash v. State of Odisha) concerns regularization of Data Entry Operators (DEOs) in the Tahsils. The said order in Patitapaban Dutta Dash (supra) has simply been followed by the learned Single Judge and the writ petition disposed of on the very first day without any opportunity to the State Government to file a reply to point out the distinction between the facts in the said decision and the case on hand.

2. Although in para 3 of the impugned order 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 been decided on a concession by counsel for the Appellant.

3. On that short ground, the impugned order is set aside and W.P.(C) No.1795 of 2022 is restored to the file of learned Single Judge in the Roster Bench where it will be listed for hearing on 1st August, 2023. The State will file its affidavit in reply to the writ petition not later than 17th July, 2023 and rejoinder thereto would have been filed by the date fixed i.e., 1st August, 2023. There will be no further time granted to either party for the above purpose. The learned Single Judge will then proceed in accordance with law and endeavour to dispose of the writ petition as expeditiously as possible.

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

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge

S. Behera