Unknown vs Learned Counsel For The ...
2021 Latest Caselaw 3960 Ori

                            W.P.(C) No.8353 of 2021




2.   22.03.2021         Heard learned counsel for Petitioner and learned
                  counsel for the Opposite Parties.
                        The Petitioner has filed this application seeking for
                  a direction to the Opposite Parties to regularize his
                  service in the post of Sweeper-cum-Night Watchman
                  under the Opposite Party no.3 taking into account his
                  continuous service of more than 21 years under the
                  DRDA, Bhadrak as has been done in respect of similarly
                  situated persons as per Government Circular and in
                  terms of the principle decided in the case of Secretary,
                  State of Karnataka and others Vs. Umadevi (3) and
                  others : (2006) 4 SCC 1.
                        Learned counsel for the Petitioner submitted that
                  the   Petitioner   was    engaged   as   Sweeper-cum-Night
                  Watchman on daily wage basis under the DRDA,
                  Bhadrak. He has already rendered more than 21 years of
                  service   under    the   Opposite   Parties   and   seeks   for
                  regularization of service in view of the judgment passed
                  by the Hon'ble apex Court in the case of Secretary,
                  State of Karnataka and others Vs. Umadevi (3) and
                  others : (2006) 4 SCC 1.
                        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 21 years on contractual basis.
                  Therefore the case of the Petitioner is squarely covered by
                  the ratio decided in Secretary, State of Karnataka and
                  others (supra).
                        In that view of the matter, this Court disposes of
                              2




       this writ petition directing the Opposite Parties to
       consider the case of the Petitioner and regularize his
       services keeping in view the judgment of the Hon'ble apex
       Court in the case of Secretary, State of Karnataka
       and others Vs. Umadevi (3) and others : (2006) 4 SCC
       1, within a period of four months from the date of
       communication of a copy of this order by the Petitioner
       and grant all consequential service benefits as due
       admissible to him.




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

(Biswanath Rath, J.)

Ayas