T.Pratap & Ors vs State Of Odisha And Others
2021 Latest Caselaw 9262 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 26546 of 2021

            T.Pratap & Ors.                   .....                  Petitioners
                                                          Mr. G. Sinha, Advocate
                                           -Versus-

            State of Odisha and others        .....                Opposite Parties
                                                                   State Counsel
                         CORAM:
                            DR. JUSTICE B.R. SARANGI

                                          ORDER

03.09.2021

Order No. This matter is taken up through hybrid mode.

01.

2. Heard learned counsel for petitioners and learned counsel for the State.

3. The petitioners have filed this application seeking for a direction to the opposite parties to regularize their services taking into account their continuous service of more than 25 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 the case of Secretary State of Karnataka and Others Vrs. 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. Learned counsel for petitioners submits that the petitioners were engaged on daily wage basis. They have already rendered more than 25 years of service under the opposite parties and therefore, seek 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.

5. Considering the contentions raised by the learned counsel for petitioners and after going through the records, it appears that petitioners have rendered service for more than 25 years on daily wage basis. Therefore, the cases of the petitioners are 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 consider the case of the petitioners keeping in view the judgments 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 Government on this issue, and pass appropriate order within a period of four months from the date of communication of an authenticated/certified copy of this order by the petitioners.

Issue urgent certified copy as per Rules.

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