State Of Odisha And Others vs Sumant Sasamal
2023 Latest Caselaw 2499 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       W.A. No.1573 of 2022

            State of Odisha and others                   ....          Appellants
                                                       Mr. M. K. Khuntia, AGA
                                          -versus-
            Sumant Sasamal                              ....        Respondent
                                M/s. B. S. Tripathy and Associates, Advocates

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                           ORDER

28.03.2023 Order No.

02. 1. Even according to the learned counsel for the Respondent, the present case concerns the plea of regularization of gardener 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). The said order has simply been followed and the writ petition was disposed of on the very first day without any opportunity to the State Government to file a reply to point out the distinction if any between the said decision and the case on hand.

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 consensus by counsel for the Appellants.

3. On that short ground, the impugned order is set aside and W.P.(C) No.12040 of 2021 is restored to the file of learned Single Judge where it will be listed for hearing on 7th 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., 7th 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

M. Panda