COLLECTOR AND DISTRICT MAGISTRATE, DHENKANAL Vs. ARABINDA PANDA

JUDGEMENT

(1.) In these six intra court appeals, the State of Odisha through the Collectors and District Magistrates, Dhenknal and Jajpur, the Commissioner of CT and GST, Odisha, has assailed the orders passed by learned Single Judge dated 28.8.2020 passed in W.P. (C) No.21243/2020, order dated 28.8.2020 passed in W.P. (C) No.21241/2020, order dated 25.8.2020 passed in W.P. (C) No.20631/2020, order dated 03.9.2020 passed in W.P. (C) No.22094/2020, order dated 10.9.2020 passed in W.P. (C) No.22689/2020 and order dated 20.8.2020 passed in W.P. (C) No.20006/2020. Identical orders have been passed in these six disposed of Writ Petitions on the date of first listing.

(2.) The Petitioners-Respondents have filed the writ petitions seeking directions to the Opposite Parties-Appellants, to regularize their services taking into account their continuous service of more than eight years as has been done in favour of other similarly situated persons as per Government Circular and in terms of the principles decided in the case of State of Karnataka v. Umadevi (3) , 2006 4 SCC 1, State of Karnataka and others v. M.L.Kesari and others , (SLP (C)No.15774/2006. After hearing the Petitioners-Respondents and initial submissions of the learned Addl. Government Advocate without giving any reasonable opportunity of filing counter affidavits or to take instructions in the matter, the learned Single Judge has passed the following orders:-

(3.) In assailing these orders Mr. R.N.Mishra, the learned Addl. Government Advocate, submitted that the orders passed by the learned Single Judge directing consideration and regularization of the services of the Petitioners-Respondents in all these cases are erroneous as there is no positive finding that they should be regularized as per the ratio decided in the cases referred to above. Learned Addl. Government Advocate also submitted that the learned Single Judge, issuing a mandamus for regularizing their services without any reasonable opportunity to the Opposite Parties-Appellants to file counter affidavit is also not in accordance with the standard procedure adopted in such cases.