WPC(OAC)/2422/2001
2021 Latest Caselaw 6393 Ori

                              WPC (OAC) No. 2422 of 2001




02.   21.06.2021         The matter is taken up by video conferencing mode.
                         Heard Mr. S. Patra, learned counsel for the petitioners
                   and Mr. M. Balabantaray, learned Addl. Standing Counsel
                   appearing for the State.
                         The petitioners have filed this writ petition seeking
                   direction to opposite parties to regularize the services of the
                   petitioners with effect from the dates on which they have
                   completed five years of services and further seek direction
                   that the entire period of service should be taken into
                   account for the purpose of granting pension/pensionary
                   benefits to the petitioners.
                           Mr. S. Patra, learned counsel for the petitioners
                   submits that his matter is of the year 2001 and in the
                   meantime twenty years have passed and many developments
                   have taken place in the meantime. There are 34 petitioners
                   and many of them have been regularized and many of them
                   have been terminated from service on attaining the age of
                   superannuation and those persons who have not been
                   regularized, they may be granted liberty to file fresh
                   representation   before    the   authority   concerned   seeking
                   regularization of service in terms of the judgments passed in
                   State of Karnataka v. Umadevi, 2006 (4) SCC 1, State of
                   Karnataka and others v. M.L.Keshari and others,
                   2010(II) OLR (SC) 982 and Nihal Singh v. State of Punjab,
                   (2013) 14 SCC 65.
                         Mr. M. Balabantaray, learned Addl. Standing Counsel
                   appearing for the State states that he has no objection on
         such prayer made by the petitioner.
              Having heard learned counsel for the parties, without
        expressing any opinion on the merits of the case, this Court
        is of the view that if some of the petitioners, those who have
        not been regularizes, they are granted liberty to file fresh
        representation before the authority concerned within a
        period of two week from today ventilating their grievances,
        which shall be considered by the authority taking into
        account the judgment in Umadevi, M.L.Keshari and Nihal
        Singh (supra) within a period of three months from the date
        of filing of the representation.
              With the above observation and direction, the writ
        petition stands disposed of.
              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.



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