WP(C)/1993/2021
2021 Latest Caselaw 645 Ori

                             W.P.(C) No.1993 of 2021




2.   20.01.2021         This     matter    is   taken     up    through     Video
                  Conferencing.
                        Heard learned counsel for petitioner and 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 taking into account his continuous service of
                  more than six years, as has been done in favour of the
                  other similarly situated persons as per the 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
                  petitioner was engaged as Data Entry Operator on
                  contractual basis. He has 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 State of Karnataka &
                  others Vrs. M.L. Kesari & others involving SLP(C)
                  No.15774/2006.
                        Considering the contentions raised by the learned
                  counsel for petitioner and after going through the
                  records, it appears that petitioner has rendered service
                  for more than six years on contractual basis. Therefore,
                                   2




       the case of 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 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. Umadevi (3) and
       others (2006) 4 SCC 1 and in 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
       petitioner and grant consequential service benefits as due
       admissible to him.
             It is further directed that in the event the petitioner
       is still continuing in service, status quo as on today in
       respect   of   the   services     of the    petitioner   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