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Judgment
The present appeal is directed against an order dated 2nd December, 2021 passed by the learned Single Judge allowing W.P.(C) 35932 of 2021 filed by Respondent No.1. Incidentally, the said order has been affirmed by this Court in W.A.777 of 2021 (State of Odisha v. Patitapaban Dutta Dash). Learned counsel appearing for the Appellant informs the Court that the present case is not similar to the aforementioned case and stands on an entirely different footing.
As far as the present case is concerned, W.P.(C) No.35932 of 2021 was the second round of litigation involving Respondent No.1, who is today represented by Mr. Samir Kumar Mishra, learned counsel. In the earlier round, Respondent No.1 had filed W.P.(C) No.12043 of 2020, which came to be allowed by the learned Single Judge on the very first day by an order dated 15th May, 2020 asking the present Appellant to take a decision on the plea of Respondent No.1 for regularization of his services. Pursuant to the above order, Respondent No.1filing Contempt Case No.3550 of 2020, which was disposed of by the learned Single Judge on 4th September, 2020 directing the Appellant to comply with the judgment dated 15th May, 2020 in W.P.(C) No.12043 of 2020.
Thereafter the Appellant passed an order on 25th September, 2020 declining to give Respondent No.1 the RACP benefit with effect from 19th September, 1991 as claimed by him. For the second time, Respondent No.1 filed W.P.(C) No.35932 of 2021 challenging the order dated 25th September, 2020 and making the same prayer for regularization of his services. The aforementioned second writ petition W.P.(C) No.35932 of 2021 has been disposed of by the impugned order dated 2nd December, 2021 by the learned Single Judge again on the very first day without an opportunity to the present Appellant to file its counter affidavit and by following the order of the learned Single Judge in W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash v. State of Odisha), which according to the Appellant has no application to the facts in the present case.
On the short ground that the impugned order was passed on the very first day without any opportunity to the present Appellants to file a reply to the writ petition, the impugned order is set aside and W.P.(C) No.35932 of 2022 is restored to the file of the learned Single Judge in the roster Bench, where it will be listed for directions on 14th August, 2023. The Appellant shall file its para-wise reply to the said writ petition on or before 1st August and the Respondent No.1/writ Petitioner will file a rejoinder, if any, thereto on or before 14th August, 2023. It is made clear that neither party will be allowed further time for the above purposes.
The learned Single Judge is requested to proceed with the hearing of the matter on merits and dispose it of as expeditiously as possible. Status quo shall be maintained by the parties till then. The writ appeal and pending applications are disposed of in the above terms.
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