Jambeswar Dakua vs State Of Odisha And Ors
2022 Latest Caselaw 638 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             WP(C) No. 2296 of 2022

            Jambeswar Dakua                     ....                                Petitioner
                                                                 Mr. S.R. Pati, Advocate
                                                 -Versus -
            State of Odisha and Ors.            ....                          Opp. Parties
                                                                                       .
                                                                           State Counsel


                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                        ORDER

25.01.2022 Order No. 01 This matter is taken up through video conferencing mode.

2. Heard Mr. S.R. Pati, learned counsel for the petitioner and Mr. S.N. Nayak, learned Addl. Standing Counsel for the State opposite parties.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to regularize his service in the post of Barbar in the office of Superintendent of Police, Nayagarh and grant all consequential service benefits.

4. Mr. S.R. Pati, learned counsel for the petitioner submits that the petitioner was engaged as Barbar in the office of the Superintendent of Police, Nayagarh. He has already rendered more than 20 years of service under the opposite parties and seeks for regularization of service in view of the judgment passed by the apex Court in Secretary, State of

Karnataka and others v. Umadevi (3) and others, (2006) 4 SCC 1.

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 20 years on contractual basis. Therefore, the case of the petitioner is squarely covered by the ratio decided in Umadevi (3) (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 of the apex Court in Umadevi (3) (supra) within a period of four months and grant consequential service benefits as due and admissible to him.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout 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.

(Dr. B.R. Sarangi) Judge GDS