2 10.06.2021 The Matter Is Taken Up ... vs Unknown
2021 Latest Caselaw 6505 Ori

                              W.P.(C) No. 13431 of 2021




02   10.06.2021           The matter is taken up through video conferencing
                  mode.
                          Heard Mr. J.K. Khuntia, learned counsel for the
                  petitioner and learned Additional Government Advocate for
                  the State-opposite parties.
                          The petitioner has filed this writ petition seeking
                  direction to the opposite party no.2 to regularize his
                  services against Tax Collector in the office of the Talcher
                  Angul      Meramundali     Authority,   Angul    with    all
                  consequential service benefits 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 as Tax Collector on DLR basis on
                  22.03.1993. He has already rendered more than 28 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 the petitioner and after going through the
                  records, it appears that the petitioner has rendered service
                  for more than 28 years on monthly remuneration basis.
                                       2




       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 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   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 him.
              Accordingly, the writ petition is disposed of.
              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) Alok