Harihar Sahoo vs State Of Odisha And Others
2021 Latest Caselaw 8059 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P.(C) No.21044 of 2021

Harihar Sahoo                               .....                     Petitioner
                                                       Mr. G. Singh, Advocate
                                      Vs.
State of Odisha and others                  .....                Opposite party
                                                                State Counsel


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                         ORDER

02.08.2021

Order No. This matter is taken up through hybrid mode.

Heard learned counsel for petitioner and learned State Counsel for opposite parties.

The petitioner has filed this application seeking for a direction to the opposite parties to regularize his services taking into account his continuous service of more than 23 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 the case of Secretary State of Karnataka and Others Vrs. 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 petitioner submits that the petitioner was engaged as NMR Peon. He has already rendered more than 23 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 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 23 years on NMR 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 judgments 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 Government on this issue, within a period of four months from the date of communication of a copy of this order by the petitioner and grant consequential service and financial benefits as due admissible to him.

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.

Ashok (DR. B.R. SARANGI) JUDGE