WP(C)/9799/2021
2021 Latest Caselaw 3652 Ori

                         W.P.(C) No.9799 of 2021




2.   16.03.2021         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 their
                  services taking into account their continuous service of
                  more than 24 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 Petitioner submits that the
                  Petitioner was engaged on DLR basis. He has already
                  rendered more than 24 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 Petitioner has rendered
                  service for more than 24 years on DLR 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
                  this Writ Petition directing the Opposite Parties to
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       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.
             It is further directed that in the event the Petitioner
       is still continuing in services, 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