Orissa High Court
WP(C)/37823/2020 on 11 January, 2021
W.P.(C) No.37823 of 2020
02. 11.01.2021 This matter is taken up through Video
Conferencing.
Heard learned counsel for petitioners and
learned State Counsel for opposite parties.
The petitioners have filed this application
seeking for a direction to the opposite parties to regularize
the petitioners services and to extend the consequential
benefits on regular appointments from the date of their
entitlement in the excising posts of MPHWs (Male), as has
been extended to the similarly situated contractual
employees under the control of the Govt. keeping track with
the terms of the Govt. Resolution dated 17.09.2013 and the
G.A. Department Notification dated 12.11.2013 containing
Odisha Group "C" and Group "D" posts (Contractual
Appointment) Rules, 2013 and in terms of the principle
decided by the Hon'ble Supreme Court in the case of
Secretary, State of Karnataka and Others Vrs. 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 order of this Hon'ble Court
in W.P.(C) No.6661/2018, which has been affirmed by the
Hon'ble Supreme Court in SLP(c) NO.18642/2018.
Learned counsel for petitioners submits that the
petitioners were engaged as MPHW (M) on contractual basis.
He has already rendered more than 12 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,
uks involving SLP(C) No.15774/2006.
2
Considering the contentions raised by the
learned counsel for petitioners and after going through the
records, it appears that petitioners hve rendered service for
more than 12 years on contractual basis. Therefore, the
cases of the petitioners are 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 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 Government on
this issue, within a period of four months from the date of
communication of a copy of this order by the petitioner and
grant consequential service benefits as due admissible to
them.
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.
