“ 8. Considering the rival contentions of the Parties, this Court finds, there is no denial to the fact that there is no such cadre namely "Odisha Municipal Finance Service Cadre" as of now, which makes it clear that there is no existence of common cadre. Now coming to the claim of the Parties, this Court finds, so long as common cadre rule is not framed, control over the services of the Petitioners lies on the Municipality and thus while observing that the deputation order involved herein becomes bad, this Court also observes, the Petitioners are deemed to be continuing under the jurisdiction of Talcher Municipality. This Court observes, the impugned order vide Annexure-2 involving all the writ petitions being passed by an Authority outside the Talcher Municipality becomes bad in law. This Court here, taking into account the statement of the State through paragraph nos.5 to 8 of the counter affidavit, finds, the .State Government in its counter affidavit has a clear admission. of not having the cadre namely "Odisha Municipal Finance Service Cadre". In this view of the matter this Court while setting aside the order vide Annexure-2, also sets aside the relieve order involving the Petitioners vide Annexure-3. It is, at this stage of the matter, taking into account the interim order passed on 5.03.2020 where this Court has directed, there shall be no coercive action involving the Petitioners, this Court on the setting aside of the orders ,vide Annexures-2 & 3, directs, the Petitioners may be deemed to be continuing in the Talcher Municipality and for they are not being able to discharge their duty involving this period, such period involved may be adjusted towards admissible leave and payment shall be made accordingly by completing the entire exercise within a period of two months. All the Petitioners in the meanwhile will be entitled to current salary forthwith.”
