Pitabasa Naik & Ors vs State Of Odisha & Ors
2021 Latest Caselaw 8158 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK


                    W.P.(C) No.21327 OF 2021

Pitabasa Naik & Ors.                           .....                        Petitioners

                                                       Mr. T.K. Biswal, Advocate
                                       Vs.
State of Odisha & Ors.                         .....                Opposite parties

                                                                     State Counsel



            CORAM:
                DR. JUSTICE B.R. SARANGI

                                               ORDER

04.08.2021

Order No. This matter is taken up by video conferencing

mode.

Heard Mr. T.K. Biswal, learned counsel for the petitioners.

The petitioners have filed this application seeking for direction to the opposite parties to regularize their services lying vacant in the office of the NAC, Banki and grant all consequential service benefits.

Mr. T.K. Biswal, learned counsel for the petitioners submits that the petitioners were engaged on NMR basis in NAC, Banki in the year 1997. They have already rendered more than 23 years of services under opposite party no.3 and seek for regularization of their services in view of judgment passed by the apex Court in Secretary, State of Karnataka and Others v. Umadevi (3) and Others, (2006) 4 SCC 1 and in State of Karnataka and others v. M.L.Keshari and others, 2010(II) OLR (SC) 982.

Considering the contentions raised by the learned counsel for the parties and after going through the records, it appears that the petitioners have rendered services for more than 23 years on NMR basis. Therefore, the case of the petitioners is squarely covered by the ratio decided in Secretary, State of Karnataka and M.L.Keshari (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 ratio decided in Secretary, State of Karnataka and Others v. Umadevi (3) and Others, (2006) 4 SCC 1 and M.L.Keshari and others, 2010(II) OLR (SC) 982 within a period of four months and grant consequential service 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.

Alok (DR. B.R. SARANGI) JUDGE