WP(C)/8668/2021
2021 Latest Caselaw 3301 Ori

                       W.P.(C) No.8668 of 2021




2.   5.03.2021         Heard learned counsel for Petitioner and learned
                 State Counsel for the 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 6 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 State of
                 Karnataka & others Vrs. M.L. Kesari & others
                 involving SLP(C) No.15774/2006.
                       Learned counsel for the Petitioner submits that the
                 Petitioners were engaged on daily wage basis. He has
                 already rendered more than 6 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 6 years on daily wage basis.
                 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
                             2




       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 Petitioners and grant consequential
       service benefits as due admissible to them.
             It is further directed that in the event the Petitioner
       is still continuing in service, status quo as on today in
       respect of the service position of the Petitioner shall be
       maintained till a decision is taken in the matter by the
       Opposite Parties in terms of the above direction.




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

(Biswanath Rath, J.)

Ayas