Orissa High Court
Dhirendra Kumar Pradhan vs State Of Odisha And Others on 27 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 41066 of 2021
Dhirendra Kumar Pradhan ..... Petitioners
and others
Mr. D. Mohapatra, Advocate
Vs.
State of Odisha and others ..... Opposite parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
27.01.2022
Order No. This matter is taken up by video conferencing mode.
01 2. Heard Mr. D. Mohapatra, learned counsel for the petitioner
and State Counsel for the State-opposite parties.
3. The petitioners have filed this application seeking direction
to the opposite parties to regularize their services taking into
account their continuous service of more than 8 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.
4. Learned counsel for the petitioners submits that the
petitioners were engaged on monthly remuneration basis. They
have already rendered more than 8 years of service under the
opposite parties and, therefore, seek 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 the petitioners and after going through the records, it appears
that the petitioners have rendered service for more than 8 years on
monthly remuneration basis. Therefore, the case of the petitioners
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
petitioners for regularization of service 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 production/communication of
certified/authenticated copy of this order by the petitioners and
grant consequential service benefits as due admissible to him. Till
a decision is taken, the order under Annexure-10 dated
24.12.2021 shall not be given effect to.
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.
Arun
(DR. B.R. SARANGI)
JUDGE
