State Of Odisha & Another vs Itishree Jena & Another

1. This matter is taken up by video conferencing mode.

2. In this writ appeal, the Appellants (State of Odisha) challenge the order dated 10th September, 2020 passed by the learned Single Judge in W.P.

(C) No.22989 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.

3. Notice. Mr.B.S.Tripathy, Advocate accepts notice for the Respondents.

4. Mr. M.S. Sahoo, learned Advocate general 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. Sahoo 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 date. He further points out that in some of the petitions even

the correct Department of the Government was not impleaded as party.

5. Mr. Tripathy, learned counsel for the Respondents, does not dispute that the writ petition was disposed of on the very date of listing without

notice to the Appellants and without any opportunity to them to file a counter affidavit.

6. 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.

7. Accordingly, with the consent of learned counsel for the Respondents, the impugned order dated 10th September, 2020 passed by the learned

Single Judge in W.P. (C) No. 22989 of 2020 is hereby set aside with the following directions:

(i)Â W.P. (C) No. 22989 of 2020 is restored to the file of the learned Single Judge and shall be listed before the learned Single Judge for directions on 19th July, 2021.

(ii)Â By the aforementioned date, the State of Odisha shall file their para-wise reply to the aforementioned writ petition.

(iii)Â 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 31st August, 2021.

(iv)Â The learned Single Judge is requested to endeavour to dispose of the writ petition on merits not later than 8th November, 2021.

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

The writ appeal is disposed of in the above terms.

9.As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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