Orissa High Court
2 11.01.2021 This Matter Is Taken ... vs Counsel For The on 20 January, 2021
W.P.( C.M.P.
W.P.(C).
No.1360
No.67
ofof
2015
2021
2 11.01.2021
This matter is taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned State
Counsel for the opposite parties.
The petitioner has filed this application seeking for a direction to
the opposite party to regularize his services taking into account his
continuous service of more than 13 years and also considering his
past services from 6.11.1992 to 19.2.2020, 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 State of Karnataka & others Vrs. M.L. Kesari & others
involving SLP(C) No.15774/2006.
Learned counsel for the petitioner submits that the petitioner
was engaged on DLR basis. He has already rendered more than 13
years of service under the opposite party 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
the petitioner and after going through the records, it appears that
the petitioner has rendered service for more than 13 years on DLR
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 treat the writ petition as
representation at the instance of the petitioner and 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, the development through Annexure-4 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 petitioner and grant consequential service benefits as
due admissible to the petitioner.
It is further directed that in the event the petitioner is still
continuing in his services, 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 for Covid-19, 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 Notification No.4587 dated
25.3.2020.
""""""""""".
BISWANATH RATH,J
sks
