WP(C)/887/2021
2021 Latest Caselaw 1006 Ori

                               W.P.(C) No. 887 OF 2021




02.   28.01.2021         The matter is taken up through video conferencing.
                         Heard learned counsel for the parties.
                         The petitioner has filed this application seeking
                   direction   to    opposite   parties    to    consider      the
                   representations of the petitioner vide Annexure-1 series
                   within a stipulated period and regularize the services of
                   the petitioner as a peon prohibiting the opposite parties
                   from retrenching the petitioner from his services.
                         Considering the rival contentions of the parties, this
                   Court finds the case of the petitioner is required to be
                   considered in terms of the direction in paragraph-53 of
                   the   decision in the     case    of Secretary,     State    of
                   Karnataka Vrs. Uma Devi & others, reported in 2006
                   (4) SCC 1 and also looking to the observations of the
                   Hon'ble Apex Court in the subsequent decision in the
                   case of State of Karnataka & others Vrs. M.L.Kesari
                   & others (SLP(C) No.15774/2006), this Court therefore
                   disposes of the writ petition directing the opposite parties
                   to consider the case of the petitioner for regularization in
                   the light of the observations of the Hon'ble Apex Court
                   strictly in terms of the paragraph-53 of the judgments
                   involving Uma Devi (supra) and also the direction
                   contained   in   M.L.    Kesari    (supra)   read   with    GA
                   Department Resolution dated 17.09.2013 within a period
                   of one and half months from the date of communication
                   of copy of this order.
              Till a decision is taken in the matter, status quo as
        on today in respect of petitioner's service be maintained.
             As the restrictions due to the COVID-19 situation
        are continuing, learned counsel for the parties may utilize
        the soft copy of this order available in the High Court's
        website or print out thereof at par with certified copies in
        the manner prescribed, vide Court's Notice No.4587,
        dated 25th March, 2020.


                                        ....................................

(DR. B.R. SARANGI, J) Ajaya