WP(C)/11574/2021
2021 Latest Caselaw 4504 Ori

                           W.P.(C) No.11574 of 2021




2.     31.03.2021         Heard learned counsel for Petitioner and learned
                    State Counsel for the Opposite Parties.
                          This writ petition involves a request to the Secretary
                    to Government, H & UD Department, Odisha-Opposite Party
                    No.1 to regularize the services of the Petitioner as Khalasi,
                    who has rendered service for more than ten years.
                          Considering the rival contentions of the parties, this
                    Court finds, the case of the Petitioner is required to be
                    considered in terms of the direction in paragraph-53 of the
                    decisions of the Hon'ble apex Court in the case of
                    Secretary, State of Karnataka and others Vrs. Uma
                    Devi and others, reported in (2006) 4 SCC 1 and also in
                    the case of The State of Karnataka & others Vrs.
                    M.L.Kesari & others in (SLP(C) No.15774/2006). This
                    Court, therefore, disposes of this writ petition directing the
                    Opposite Party No.1 to consider the case of the Petitioner for
                    regularization of his services in the light of the observations
                    of the Hon'ble apex Court more particularly strictly in terms
                    of the direction at paragraph-53 of the judgments involving
                    Uma Devi (supra) and also the direction contained in M.L.
                    Kesari (supra) within a period of one & half months from
                    the date of communication of a copy of this order by the
                    Petitioner.
                          It is further directed that till a decision is taken in the
                    matter, status quo as on today in respect of the service
                    position of the Petitioner shall be maintained.


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

(Biswanath Rath, J.)

Ayas