Orissa High Court
WP(C)/38129/2020 on 11 January, 2021
W.P.(C) No.38129 of 2020
02. 11.01.2021 This matter is taken up through Video
Conferencing mode.
Heard Sri S.K. Padhy, learned counsel for the
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 12 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 Vrs. 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 the petitioners submits that
the petitioners were engaged on monthly remuneration basis.
They have already rendered more than 8 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 Vrs. 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 the petitioners and after going through
the records, it appears that the petitioners have rendered
service for more than 12 years on monthly remuneration
basis. Therefore, the case of the petitioners 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
uks
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directing the 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 Vrs. 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 the petitioners and
grant consequential service benefits as due admissible to
them.
It is further directed that in the event the
petitioners are still continuing in their service, 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 for COVID-19,
learned counsel 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.
