2 29.01.2020 This Matter Is Taken ... vs Unknown
2021 Latest Caselaw 1047 Ori

            W.P.(         C.M.P.
                           W.P.(C)
                                 No.1360
                                   No.798ofof
                                           2015
                                              2021




2   29.01.2020          This matter is taken up through Video conferencing.
                        Heard learned counsel for the petitioner.
                       In this writ petition, the petitioner has made the following
                    prayer:
                              "It is therefore, prayed that this Hon'ble Court may
                        graciously be pleased
                          (i)     to direct the Opp. Parties to regularize the service of
                                    the petitioner keeping in view of the judgment in the
                                    case of (i) in the case of State of Karnataka &
                                    others -Vrs-M.L.Kesari and others involving SLP(C)
                                    No.15774/2006 (ii) in the case of Secretary, State of
                                    Karnatak Vrs Uma Devi, reported in AIR 2006
                                    Supreme Court, 1806 (iii) the case of Amarkat Rai -
                                    Vrs-State of Bihar, Reported in (2015) 8 Supreme
                                    Court Cases 265 and (iv) in the case of Smt. Mira
                                    Piri-Vrs-State of Odisha and others, reported in
                                    2007 (II) OLR 533 as because he has been working
                                    continuously since 23.3.2003.
                          (ii)      To direct the Opp. Parties to grant all service
                                    benefits to the petitioner by treating his qualifying
                                    service form the date of his engagement i.e. since
                                    23.3.2009.
                          (iii)      To direct the Project Director, Odisha State AIDS
                                    Control Society, (Department of Health & Family
                                    Welfare), Government of Odisha, to dispose of the
                                    representation dated 21.9.2020 under Annexure-9
                                    of the petitioner within a stipulated period.
                          (iii)     And/or pass such order/orders, direction/directions
                                    in this Hon'ble Court may think fit and proper for the
                                    end of justice;
                                    AND, For this act of kindness the petitioner shall as
                                    in duty bound ever pray."
                           Looking to the prayer made in this Writ Petition, this Court
                    observes, an administrative decision in the matter is required to be
                           -2-




      taken at the first hand. Accordingly this Writ Petition stands
      disposed of with a direction to the opposite party no.4 to consider
      the representation of the petitioner in the matter of regularization
      of the service of the petitioner vide Annexure-9 and take a lawful
      decision thereon keeping in view the long continuance           of the
      petitioner and also taking into consideration the decision in the
      case of Secretary, State of Karnataka and others v. Umadevi (3)
      and others (2006) 4 SCC 1, in the case of State of Karnataka &
      others Vrs. M.L. Kesari & others involving SLP(C) No.15774/2006 and
      in the case of Amarkanti Rai Vs. State of Bihar and others, (2015) 8
      Supreme Court Cases 265 by completing the entire exercise within a
      period of two months from the date of communication of a copy of this
      order, copy of the writ petition along with copy of the decisions cited
      hereinabove by the petitioner.
         As restrictions are continuing for Covie-19, petitioner 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 Notification No.4587 dated
      25.3.2020.

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

sks BISWANATH RATH,J