Orissa High Court
2 08.04.2021 This Matter Is Taken ... vs Counsel For The on 8 April, 2021
W.P.( C.M.P.
W.P.(C).
No.1360
No.12358
of 2015
of 2021
2 08.04.2021
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned State
Counsel for the opposite parties.
The petitioner has filed this application seeking for a direction to
the opposite party to regularize his services taking into account his
continuous service of more than 14 years, as has been done in
favour of the other similarly situated persons as per Government
Circular and in terms of the principle decided in Secretary State of
Karnataka and Others v. Umadevi (3) and Others (2006) 4 SCC
1 and in State of Karnataka & others Vrs. M.L. Kesari & others
involving SLP(C) No.15774/2006.
Learned counsel for the petitioner submits that the petitioner
was engaged on contractual basis. He has already rendered more
than 14 years of service under the opposite party 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 State of
Karnataka & others Vrs. M.L. Kesari & others involving SLP(C)
No.15774/2006.
Considering the contentions raised by the learned counsel for
the petitioner and after going through the records, it appears that
the petitioner has rendered service for more than 14 years on
contractual basis. Therefore, the case of the petitioner is squarely
covered by the ratio decided in the cases cited supra.
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 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 4.9.2012 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 the petitioner.
Considering that the petitioner having long period of service and
for his continuing in such service, if so required, in the event there is
no permanent vacancy, steps as appropriate shall be taken for
creation of post to accommodate the petitioner and his service shall
be regularized. Continuance of employment in such status amounts
to sear exploitation of an employee having no future prospect.
It is further directed that in the event the petitioner is still
continuing in his services, status quo as on today in respect of the
services 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 are continuing for Covid-19, petitioner 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 Notification No.4587 dated
25.3.2020.
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BISWANATH RATH,J
sks
