State of Odisha vs Aurobinda Tripathy

This matter is taken up by video conferencing mode, by a separate notice.

In this writ appeal, the Appellant (State of Odisha) challenge the order dated 28th August 2020 passed by the learned Single Judge in W.P.(C)

No.20967 of 2020 directing the Appellants to regularize the service of the Respondent in light of the judgments in State of Karnataka and others v.

Umadevi (3) (2006) 4 SCC 1 and in State of Karnataka & others v. M. L. Kesari (2010) 9 SCC 247.

Issue notice. Mr.A.Tripathy, learned Advocate accepts notice for the Respondent.

Mr. Tripathy, learned counsel for the Respondent, appearing on advance notice, does not dispute that the above 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 and states that the present writ

appeal, being similar to W.A. No.205 of 2021, which was disposed of on 17th June 2021, the same may be disposed of in terms of the said order dated

17th June, 2021.

On the above short admitted ground, this Court is of the view that the impugned order should be set aside and the matter should be remanded to the

learned Single Judge for a fresh disposal on merits after completion of pleadings.

Accordingly, with the consent of learned counsel for the Respondent, the impugned order dated 28th August 2020 passed by the learned Single

Judge in W.P.(C) No.20967 of 2020 is hereby set aside with the following directions:

(i) W.P.(C) No.20967 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) By the aforementioned date, the State of Odisha shall file their para-wise reply to the aforementioned writ petition.

(iii) The Respondent herein i.e. the Writ Petitioner 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) The learned Single Judge is requested to endeavour to dispose of the writ petition on merits not later than 8th November, 2021.

 (v) Till the disposal of the writ petition, the status quo as to the service of the Respondent shall be maintained.

The writ appeal is disposed of in the above terms.

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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