WP(C)/8664/2021
2021 Latest Caselaw 3305 Ori

                        W.P.(C) No.8664 of 2021




2.   5.03.2021          Heard learned counsel for Petitioners and learned
                 State Counsel for the Opposite Parties.
                        The Petitioners have filed this application seeking
                 for a direction to the Opposite Parties to regularize their
                 services taking into account their continuous service of
                 more than 10 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 Petitioners submits that
                 the Petitioners were engaged on daily wage basis. They
                 have already rendered more than 10 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 Petitioners and after going through the
                 records, it appears that the Petitioners have rendered
                 service for more than 10 years on daily wage basis.
                 Therefore, the case of the Petitioners is squarely covered
                 by the ratio decided in the cases cited supra.
                        In that view of the matter, this Court disposes of
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       this Writ Petition directing the Opposite Parties to
       consider the case of the Petitioners and regularize their
       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
       Petitioners are still continuing in service, status quo as
       on today in respect of the service position of the
       Petitioners shall be maintained till a decision is taken in
       the matter by the Opposite Parties in terms of the above
       direction.




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(Biswanath Rath, J.) Ayas