Charan Prasad Mohapatra vs State Of Odisha And Others
2021 Latest Caselaw 8575 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.P.(C) No. 15376 of 2016

            Charan Prasad Mohapatra              .....                      Petitioner
                                                                Mr. G.K. Mohanty, Adv.
                                             -Versus-

            State of Odisha and others           .....                  Opposite Parties
                                                                    Mr. A.K. Sharma, AGA
                                                    Mr. S.K. Mishra, Adv. (O.P. Nos. 4 & 5)
                         CORAM:
                             DR. JUSTICE B.R. SARANGI

                                             ORDER

16.08.2021

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

03. Heard learned counsel for the parties.

The petitioner has filed this application seeking for a direction to the opposite parties to regularize his service in the post of Tax Collector taking into account his continuous service of more than 26 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 on daily wage basis. He has already rendered more than 26 years of service under the opposite parties and therefore, seeks for regularization of his service 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 parties and after going through the records, it appears that petitioner has rendered service for more than 26 years on daily wage 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 keeping in view the judgments in the case of Umadevi and M.L. Kesari (supra) and also the resolution of the Government on this issue, and pass appropriate order within a period of four months from the date of communication of an authenticated/certified copy of this order by the petitioners.

Issue urgent certified copy as per Rules.

(DR. B.R. SARANGI) A.K. Rana JUDGE