Orissa High Court
WP(C)/36828/2020 on 4 January, 2021
W.P.(C) No.36828 of 2020
02. 04.01.2021 The matter is taken up through Video
Conferencing mode.
Heard Mr.Manas Pati, learned counsel for the
petitioner and learned Additional Government Advocate for
the State.
Mr. Pati, learned counsel for the petitioner states
that the petitioner has been continuing as a DLR employee
under the Orissa Water Supply and Sewerage Board with
effect from 31.12.1997, but till date she has not been
regularized, although more than 23 years have passed in the
meantime. He has referred to the case of State of
Karnataka Vrs. Umadevi, 2006(4) SCC 1, wherein in
paragraph-53, the apex Court has held that the State
Governments and their instrumentalities should take steps to
regularize as a one-time measure the services of such
irregularly appointed who have worked for ten years or more
in duly sanctioned posts. Similar view has also been taken by
the apex Court in State of Karnataka and others Vrs.
M.L.Keshari and others, 2010 (II) OLR (SC) 982, wherein
in paragraph-7, the apex Court has held as follows :
"7. It is evident from the above that there is an
exception to the general principles against
'regularization' enunciated in Umadevi if the following
conditions are fulfilled:
(i) The employee concerned should have worked
for 10 years or more in duly sanctioned post
without the benefit or protection of the interim
order of any court or tribunal. In other words,
the State Government or its instrumentality
should have employed the employee and
continued him in service voluntarily and
continuously for more than ten years.
(ii) The appointment of such employee should not
be illegal even if irregular. Where the
appointments are not made or continued
uks against sanctioned posts or where the persons
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appointed do not possesses the prescribed
minimum qualifications, the appointments will
be considered to be illegal. But where the
person employed possessed the prescribed
qualifications and was working against
sanctioned posts, but had been selected
without undergoing the process of open
competitive-selection, such appointments are
considered to be irregular."
In that view of the matter, since the petitioner is
continuing as DLR employee under the Orissa Water Supply
and Sewerage Board and completed 23 years of service in
the meantime and even though her appointment is irregular
she should be regularized in service in view of the judgments
of the Hon'ble apex Court in Umadevi and M.L.Keshari
(supra), as well as Amarkanti Rai v. State of Bihar and
others, (2015) 8 SCC 265.
In view of such position, the opposite parties are
directed to regularize the service of the petitioner within a
period of three months from the date of passing of this order.
With the aforesaid observation and direction the
writ petition is allowed.
As restrictions are continuing due to COVID-19,
petitioner(s) may utilize the soft copy of this order available
in the High Court's website or print out thereof at par with
certified copies in the manner prescribed, vide Court's Notice
No.4587, dated 25.03.2020.
..................................
Biswanath Rath, J.
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