Sangram Nayak & Others vs State Of Odisha And Others
2021 Latest Caselaw 9260 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C) No. 26858 of 2021

   Sangram Nayak & Others                     .....                Petitioners
                                                     Mr. L.Mishra, Advocate
                                     Vs.
   State of Odisha and others                 .....           Opposite Parties
                                                              State Counsel

                 CORAM:
                    DR. JUSTICE B.R. SARANGI
                                         ORDER

03.09.2021 Order No. 1 Heard learned counsel for the petitioners and learned State Counsel for the opposite party.

2. The petitioners have filed this application seeking for a direction to the opposite party 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.

3. Learned counsel for the petitioners submits that the petitioners were engaged on DLRs basis. They have already rendered more than 10 years of service under the opposite party 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.

4. 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 DLR basis. Therefore, the case of the petitioners is squarely covered by the ratio decided in the cases cited supra.

5. In that view of the matter, this Court disposes of 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.

6. Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE A.K.Rana