WP(C)/37892/2020
2021 Latest Caselaw 153 Ori

                                      W.P.(C) No.37892 of 2020




02. 06.01.2021                 This   matter    is    taken    up   through    Video
                 conferencing.
                               Heard Sri K.C. Sahu, learned counsel for the
                 petitioner and Sri U.K. Sahoo, learned Additional Standing
                 Counsel for the State-opposite parties.
                               The petitioner has filed this application seeking
                 for a direction to the opposite parties to regularize his
                 services in the post of Peon lying vacant in the Office of the
                 opposite party no.4 under CDMO, Puri and grant all
                 consequential service benefits.
                               Learned counsel for the petitioner submits that
                 the petitioner was engaged as a Peon on Adhoc basis in the
                 Office of opposite party no.4 under CDMO, Puri in the year
                 1998. He has already rendered more than 22 years of service
                 under   the     opposite   parties    and    therefore,   seeks   for
                 regularization of service in view of the judgment passed by
                 the Hon'ble apex Court in Secretary State of Karnataka
                 and others v. Uma Devi (3) and others (2006) 4 SCC 1 and
                 in State of Karnataka & others Vrs. M.L. Kesari &
                 others involving SLP(C) No.15774/2006.
                               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 22 years on Adhoc 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. Uma Devi (3) and others (2006)
      4 SCC 1 and in State of Karnataka & others Vrs. M.L.
      Kesari & others involving SLP(C) No.15774/2006, within a
      period of four months from the date of communication of a
      certified copy of this order by the petitioner and grant
      consequential service benefits as due admissible to him.
            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 Notice No.4587, dated 25.03.2020.


                                           ..................................
                                            Biswanath Rath, J.

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