WP(C)/12362/2021
2021 Latest Caselaw 4739 Ori

                           W.P.(C) No.12362 of 2021




2.   7.04.2021           This matter is taken up by video conferencing
                 mode.
                         Heard learned counsel for Petitioner and learned
                 AGA for the State-Opposite Parties.
                         The Petitioner has filed this application seeking for
                 a direction to the Opposite Parties to regularize his
                 services taking into account her continuous service of
                 more than 11 years, as has been done in favour of the
                 other similarly situated persons as per the Government
                 Circular and in terms of the principle decided in the case
                 of Secretary State of Karnataka and Others v.
                 Umadevi (3) and Others (2006) 4 SCC 1 and in the case
                 of State of Karnataka & others Vrs. M.L. Kesari &
                 others involving SLP(C) No.15774/2006.
                         Learned counsel for Petitioner submits that the
                 Petitioner was engaged on DLR basis. He has already
                 rendered more than 11 years of service under the
                 Opposite Parties and therefore, seeks for regularization of
                 services in view of the judgment passed by the Hon'ble
                 apex Court in Secretary State of Karnataka and
                 others v. Umadevi (3) and others (2006) 4 SCC 1 and in
                 the case of State of Karnataka & others Vrs. M.L.
                 Kesari & others involving SLP(C) No.15774/2006.
                         Considering the contentions raised by the learned
                 counsel for Petitioner and after going through the
                 records, it appears that Petitioner has rendered service
                 for more than 11 years on DLR basis. Therefore, the case
                 of the Petitioner is squarely covered by the ratio decided
                 in the cases cited supra.
                               2




             In that view of the matter, this Court disposes of
       this Writ Petition directing the Opposite Parties to
       consider the case of the Petitioner and regularize his
       services keeping in view the judgment in the case of
       Secretary State of Karnataka and others v. Umadevi
       (3) and others (2006) 4 SCC 1 and in the case of State
       of Karnataka & others Vrs. M.L. Kesari & others
       involving SLP(C) No.15774/2006 and also the resolution
       of the G.A. Department dated 17.09.2013 and also taking
       into consideration the Finance Department Circular
       dated 4.09.2012 under Annexure-3 (series), within a
       period of four months from the date of communication of
       a copy of this order by the Petitioner and grant
       consequential service benefits as due admissible to him.
             It is further directed that in the event Petitioner is
       still continuing in service, status quo as on today in
       respect of the service position of the Petitioner shall be
       maintained till a decision is taken in the matter by the
       Opposite Parties in terms of the above direction.
             As restrictions due to COVID-19 situation are
       continuing, learned counsel for the Parties 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.


                                        ...............................

Ayas (Biswanath Rath, J.)