Ananda Kumar Barik vs State Of Odisha & Others
2021 Latest Caselaw 8634 Ori

                                       1




       IN THE HIGH COURT OF ORISSA AT CUTTACK


                   W.P.(C) No.24033 OF 2021

Ananda Kumar Barik                           .....                   Petitioner
                                                      Mr. G.R. Sethi, Advocate
                                     Vs.
State of Odisha & others                     .....             Opposite party

                                                         Addl. Govt. Advocate


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                             ORDER

18.08.2021

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

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

3. 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.

4. 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) and its chairman after facing interview followed by Skill Test conducted on 23.04.2007. 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.

5. 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.

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

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE