Unknown vs Orissa Mining
2021 Latest Caselaw 6392 Ori

                                   WPC (OAC) No. 2360 of 2001




02.   21.06.2021           The matter is taken up by video conferencing mode.
                           Heard Mr. P.K. Kar, learned counsel for the petitioner and
                   Mr. S. Jena, learned Standing Counsel for School and Mass
                   Education Department.
                           The petitioner has filed this writ petition seeking direction
                   to opposite parties to regularize his service with effect from his
                   initial appointment dated 03.06.1996 and further seeks direction
                   to   the    opposite   parties   to   pay   all   sorts   of   service   and
                   consequential service benefits to the petitioner w.e.f. 03.06.1996
                   and further seeks direction to the opposite parties to dispose of
                   the representation vide Annexures-6, 7 and 8.
                           The learned Tribunal issued notice to the opposite parties
                   and pursuant such notice, the opposite parties have filed their
                   counter affidavit, wherein it has been stated that the petitioner
                   has been appointed on temporary basis for a period of 44 days
                   and for such appointment no advertisement was published nor
                   any name was invited from the Employment Exchange, thereby,
                   the very employment of the petitioner is illegal. It is contended
                   that till date the petitioner is continuing in service. It is further
                   contended that similar question has been considered by this
                   Court      in   Rajendra    Kumar      Nayak       vs.    Orissa    Mining
                   Corporation Ltd. & Others, 2017(II)-ILR-CUT-912 and the case
                   of the petitioner is squarely covered by the above judgment.
                              Mr. S. Jena, learned Standing Counsel for School and
                   Mass Education Department contended that if the service of the
                   petitioner is void ab-initio, the relief cannot be granted to the
                   petitioner.
                           Having heard learned counsel for the parties and after
                   going through the records, it appears that the petitioner, who has
                   been engaged in Class-IV post as a sweeper in Salepur High
         School on temporary basis, seeks for regularization of service, but
        in counter affidavit, it has been stated that the petitioner has been
        appointed on temporary basis for a period of 44 days without any
        advertisement and without any invitation from the Employment
        Exchange. If the entry of the service of the petitioner is void ab-
        initio and the same has not been done in compliance of the
        provisions of law, the benefit may not be admissible to him as
        claimed in this writ petition.
               In any case, learned counsel for the petitioner contended
        that he has filed representation in Annexures-6, 7 and 8 and the
        same should be considered taking into account the judgment in
        Rajendra Kumar Nayak (supra).
               In view of the above, this Court disposes of this writ
        petition with a direction to opposite party no.1 to consider the
        representation filed by the petitioner in Annexures- 6, 7 and 8
        within a period of four months from the date of communication of
        this Court taking into account Rajendra Kumar Nayak (supra).
               As the restrictions due to resurgence of COVID-19 situation
        are continuing, learned counsel for the parties may utilize a
        printout 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.



                                          .......................................

Ajaya (DR. B.R. SARANGI, J)