Rakesh Tripathy & Ors vs State Of Odisha & Others
2021 Latest Caselaw 8638 Ori

                                         1




       IN THE HIGH COURT OF ORISSA AT CUTTACK


                     W.P.(C) No.17773 OF 2021

Rakesh Tripathy & Ors.                       .....                    Petitioners
                                                            Mr.Trilochan Nanda,
                                                                       Advocate
                                     Vs.
State of Odisha & others                     .....                 Opposite parties

                                                            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. T. Nanda, learned counsel for the petitioners.

3. The petitioners have filed this writ petition seeking direction to the opposite parties to regularize their services taking into account their continuous service of more than 7 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 petitioners submits that the petitioners were engaged as Computer Operators & support staff by the Selection Committee of the Agency chosen by the Bank under the administrative control of opposite party no.2. They have already rendered more than 7 years of service and therefore, seek for regularization of their 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 petitioners and after going through the records, it appears that the petitioners have rendered service for more than 7 years on monthly remuneration & outsourcing basis, but they have been working continuously against regular vacancies of the Bank. 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 no.2 and 3 to consider the case of the petitioners and regularize their 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 them.

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