WP(C)/12420/2012
2021 Latest Caselaw 6200 Ori

                                 W.P.(C) No. 12420 of 2021




02.   08.06.2021           The matter is taken up by video conferencing
                   mode.
                           Heard Mr. L.K. Mohanty, learned counsel for the
                   petitioner.
                           The petitioner has filed this writ petition seeking
                   direction to the opposite parties to regularize his services
                   from the date of his initial appointment and grant all
                   consequential and financial benefits within a stipulated
                   time.
                             Mr. L.K. Mohanty, learned counsel for the
                   petitioner submits that the petitioner was engaged as
                   watchman under Samal Barrage w.e.f. 1993 and in the
                   meantime he has already rendered more than 27 years
                   of under the opposite parties and seek for regularization
                   of service in view of judgment passed by the apex Court
                   in Secretary State of Karnataka and Others v.
                   Umadevi (3) and Others (2006) 4 SCC 1, State of
                   Karnataka and others v. M.L. Kesari and others,
                   (2010) 9 SCC 247 and Narendra Kumar Tiwari v.
                   State of Jharkhand, 2018 (8) SCC 238.
                           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 27 years on temporary
                   basis. Therefore the case of the petitioner is squarely
                   covered by the ratio decided in Secretary State of
                   Karnataka and Others v. Umadevi (3) and Others
                   (2006) 4 SCC 1 and State of Karnataka and others v.
                   M.L. Kesari and others, (2010) 9 SCC 247 and
         Narendra Kumar Tiwari v. State of Jharkhand, 2018
        (8) SCC 238.
                 In that view of the matter, this Court disposes
        of this writ petition directing the opposite parties to
        consider the case of the petitioner and regularize his
        services keeping in view of the judgments in Umadevi,
        M.L. Kesari and Narendra Kumar Tiwari mentioned
        supra and grant all consequential service benefits as due
        admissible to him in accordance with law within a period
        of four months from the date of production of a
        certified/authenticated copy of this order.
                As the restrictions due to resurgence of COVID-
        19 situation are continuing, learned counsel for the
        parties may utilize a print out of the order available in
        the High Court's website, at par with certified copy,
        subject to attestation by the concerned advocate, in the
        manner prescribed, vide Court's Notice No.4587 dated
        25th March, 2020, as modified by Court's notice no.
        4798 dated 15th April, 2021.
                                                             ..
                                           Dr. B.R. Sarangi,J.

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