Subash Chandra Moharana vs State Of Odisha & Others
2021 Latest Caselaw 8050 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                     W.P.(C) No.21274 OF 2021

Subash Chandra Moharana                       .....                     Petitioner
                                                         Mr. G.R. Sethi, Advocate
                                      Vs.
State of Odisha & others                      .....                 Opposite party

                                                            Addl. Govt. Advocate


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                              ORDER

02.08.2021

Order No. This matter is taken up by video conferencing mode.

Heard Mr. G.R. Sethi, learned counsel for the petitioner.

The petitioner has filed this writ petition seeking direction to the opposite parties to regularize his services taking into account his continuous service of more than 17 years 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 as DEO by the Selection Committee at the level of STA with Addl. Commissioner Transport (Technical) under the administrative control of opposite party no.4. He has already rendered more than 17 years of service 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 17 years on monthly remuneration 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, 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.

With the aforesaid observation and direction the writ petition is allowed.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021.

Alok (DR. B.R. SARANGI) JUDGE