Arun Kumar Patnaik And Others vs State Of Odisha And Others
2022 Latest Caselaw 1067 Ori

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              IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No. 3486 of 2022

Arun Kumar Patnaik and others             .....                                Petitioners
                                                                Mr. S.K. Joshi, Advocate
                                          Vs.
State of Odisha and others                .....                            Opposite parties

              CORAM:
                  DR. JUSTICE B.R. SARANGI

                                                 ORDER

04.02.2022

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

2. Heard.

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 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 the case of Secretary State of Karnataka and Others v. Umadevi (3) and Others (2006) 4 SCC 1 and in State of Karnataka & others v. M.L. Kesari & others involving SLP(C) No.15774/2006.

4. Learned counsel for petitioners submits that the petitioners were engaged on contractual basis. They have already rendered more than 10 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 Umadevi (3) and M.L. Kesari (supra).

5. Considering the contentions raised by the learned counsel for petitioners and after going through the records, it appears that the petitioners have rendered service for more than 10 years on contractual basis. Therefore, the case of the petitioners are 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 petitioners for regularization keeping in view the ratio decided in Umadevi (3) and M.L. Kesari (supra) and also the resolution of the Government on this issue, within a period of four months from the date of communication of a copy of this order by the petitioner and grant consequential service benefits as due admissible to them.

6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's Notice No. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Ashok                                       (DR. B.R. SARANGI, J.)