State Of Odisha And Others vs Pabaneswar Tandi
2023 Latest Caselaw 2507 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                         W.A. No.729 of 2022

            State of Odisha and others                   ....          Appellants
                                                       Mr. M. K. Khuntia, AGA
                                           -versus-
            Pabaneswar Tandi                        ....        Respondent
                          M/s. B. S. Tripathy-1 and Associates, Advocates

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                           ORDER

28.03.2023 Order No.

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 Attendant/Messenger 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 2 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.20636 of 2020 is restored to the file of learned Single Judge where it will be listed for hearing on 1st May, 2023. 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