Anil Kumar Satapathy vs State Of Odisha And Others
2021 Latest Caselaw 10540 Ori

                                     1


       IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.30653 of 2021

Anil Kumar Satapathy                       .....                    Petitioner
                                                  Mr. J.K. Khuntia, Advocate
                                     Vs.
State of Odisha and others                 .....              Opposite party
                                                 Addl. Government Advocate


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                        ORDER

01.10.2021

Order No. This matter is taken up by video conferencing mode.

2. Heard Mr. J.K. Khuntia, learned counsel for the petitioner and learned Additional Government Advocate for the State-opposite parties.

3. The petitioner has filed this writ petition seeking direction to the opposite party no.2 to regularize his services against the post of Amin in the office of the NAC, Gudari with all consequential service benefits in terms of the principle decided in Secretary State of Karnataka and Others v. Umadevi, (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others involving SLP(C) No.15774/2006.

4. Learned counsel for the petitioner submits that the petitioner was engaged as Amin on DLR basis on 04.12.2008. He has already rendered more than 12 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, (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others involving

SLP(C) No.15774/2006.

5. 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 12 years on monthly remuneration basis. Therefore, the case of the petitioner is squarely covered by the ratio decided in the cases cited supra.

6. In that view of the matter, this Court disposes of this Writ Petition directing the opposite parties to 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, (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 certified copy of this order by the petitioner and grant all consequential service and financial benefits as due and admissible to him.

7. Accordingly, the writ petition is disposed of. Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE