Bhaskar Behera vs State Of Odisha & Ors
2021 Latest Caselaw 9100 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               WP(C) No. 6482 of 2020

             Bhaskar Behera                       ....                      Petitioner
                                                            Ms. B. Pattnaik, Adv.
                                              -Versus -
             State of Odisha & Ors.                  ....          Opposite Parties
                                                                    State Counsel

                       CORAM:
                        DR. JUSTICE B.R. SARANGI
                                        ORDER_
                                        31.08.2021

Order No.
            1.

This matter is taken up through hybrid mode.

4.

2. Heard learned counsel for the parties.

3. The petitioner has filed this application seeking for direction to the opposite parties to regularize his service in the post of Driver lying vacant in the office of the ADM, Jajpur and grant all consequential service benefits.

4. Ms. B.K. Pattanaik, learned counsel for the petitioner submits that the petitioner was engaged as a Driver on daily wage basis in ADM, Jajpur in the year 2006. He has already rendered 15 years of service under the opposite parties and seeks for regularization of service 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.

5. Pursuant to notice, opposite party no.2 filed their counter affidavit stating that the petitioner has discharged his duty on daily wage basis and he has not been selected by following due procedure of selection. Therefore, his service cannot be regularized.

6. Considering the contentions raised by the learned counsel for the parties and after going through the records, it appears that the petitioner has rendered service for more than 13 years on daily wage basis. Therefore, the case of the petitioner is squarely covered by the ratio decided in Secretary, State of Karnataka and Others (supra).

7. 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 of the judgment in Secretary, State of Karnataka and Others v. Umadevi (3) and Others, (200 6) 4 SCC 1 within a period of four months and grant consequential service benefits as due admissible to him.

Urgent certified copy of this order be granted on proper application.

(Dr. B.R. Sarangi) Judge A.K. Rana