Prabira Kumar Pattanaik & vs State Of Odisha & Others
2021 Latest Caselaw 8108 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                 WPC (OAC) No. 4832 OF 2016

Prabira Kumar Pattanaik &                 .....                 Petitioners
Ors.
                                                Mr. M.K. Khuntia, Advocate
                                  Vs.
State of Odisha & others                  .....               Opp. parties
                                                     Addl. Govt. Advocate


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                          ORDER

03.08.2021

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

Heard Mr. M.K. Khuntia, learned counsel for the petitioners.

The petitioners have filed this writ petition seeking direction to the opposite parties to regularize them against the post of Attendant or in alternative absorb them against the contractual Attendant post as per advertisement under Annexure-5 keeping their long period experience in mind and further to quash the advertisement under Annexure-5 and issue fresh advertisement for remaining vacant post after absorbing the petitioners.

Learned counsel for the petitioners submits that the petitioners have already rendered more than 10 years of service and, therefore, seek for regularization of their services in view of the judgments 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 petitioners and after going through the records, it appears that the petitioners have already rendered service for more than 10 years on monthly remuneration basis. Therefore, the case of the petitioners 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 petitioners and regularize their 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 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 petitioners and grant consequential service benefits as due admissible to them.

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.

GDS (DR. B.R. SARANGI) JUDGE