WP(C)/214/2021
2021 Latest Caselaw 212 Ori

                            W.P.(C) No.214 of 2021




2.   6.01.2021         This     matter    is   taken     up    through     Video
                 Conferencing.
                       Heard learned counsel for petitioners and learned
                 Additional    Standing   Counsel      for   the   State-opposite
                 parties.
                       The petitioners have filed this application seeking
                 for a direction to the opposite parties to regularize their
                 services taking into account their continuous service of
                 more than 6 years, as has been done in favour of the
                 other similarly situated persons as per Government
                 Circular 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 the case of State
                 of Karnataka & others Vrs. M.L. Kesari & others
                 involving SLP(C) No.15774/2006.
                       Learned counsel for petitioner submits that the
                 petitioners were engaged on contractual basis. They have
                 already rendered more than six years of service under the
                 opposite parties and therefore, seeks for regularization of
                 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
                 the case of State of Karnataka & others Vrs. M.L.
                 Kesari & others involving SLP(C) No.15774/2006.
                       Considering the contentions raised by the learned
                 counsel for petitioners and after going through the
                 records, it appears that petitioners have rendered service
                 for more than six years on contractual basis. Therefore,
                 the case of petitioners are squarely covered by the ratio
                               2




       decided in the cases cited supra.
             In that view of the matter, this Court disposes of
       this Writ Petition directing opposite parties 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 the case of 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 petitioners and grant consequential
       service benefits as due admissible to them.
             It is further directed that in the event petitioners
       are still continuing in their services, status quo as on
       today in respect of the services of the petitioners shall be
       maintained till a decision is taken in the matter by the
       opposite parties in terms of the above direction.
             As restrictions are continuing due to COVID-19,
       petitioner(s) 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.)

Ayas