WP(C)/33120/2020
2021 Latest Caselaw 74 Ori

                            W.P.(C) No.33120 of 2020




2.   5.01.2021          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 10 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
                 petitioner was engaged as MPHW (M) on contractual
                 basis. He has already rendered more than 10 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 10 years on contractual basis. Therefore,
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       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.
             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