Orissa High Court
Ragini Mukhi @ Ghasi vs State Of Odisha And Others on 6 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.40777 of 2021
Ragini Mukhi @ Ghasi .... Petitioner
Mr. S.B. Swain, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. S. Mishra,
Standing Counsel for S & ME
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 06.01.2022
01. 1. This matter is taken up through Hybrid Arrangement (Video
Conferencing/Physical Mode).
2. The present writ petition has been filed by the Petitioner
seeking a direction to regularize her service and to pay the arrear
differential and present salary attached to the post of regular sweeper.
3. It is submitted by learned counsel for the Petitioner that the
Petitioner, who was engaged as a Sweeper in Government Women's
College, Sundargarh prior to 12.04.1993 and working as such till date
without any interruption and intervention of any court of law has
filed the above noted writ petition inter alia praying for regularization
of her services against an existing Group-D vacancy as Sweeper in
Government Women's College, Sundargarh from the date of Finance
Department Resolution No.31715 dated 04.09.20212 and other
consequential service benefits.
4. The facts of the Petitioner's case, in a nutshell, is that she was
engaged as a Sweeper in Government Women's College, Sundargarh
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prior to 12.04.1993. The Petitioner is aged about 54 years now.
Although she has submitted several representations to the Principal
of the college (Opposite Party No.4) for regularization of her service.
Pursuant to which the Principal has recommended her case for
regularization to the Government, i.e. Director, Higher Education
Odisha, Bhubaneswar. The authorities have not considered the case
of regularization of her services as of now. The Petitioner's further
case is that she has rendered about 29 years of continuous
uninterrupted service to the Opposite Party No.4 college as a
sweeper.
5. Learned counsel appearing for the Petitioner draws the
attention of this Court to Office order dated 03.06.2017 passed by the
Principal, Government Women's College, Sundargarh, which
indicates that the Petitioner was assigned the duty of a sweeper to
serve the Admission Committee for e-Admission 2017-18. The
Opposite Party No.4 vide letter dated 28.08.2018 informed the
Petitioner and another person, namely, Sri Nabin Bhainsal, Peon of
the very same college for submission of documents so that their
names, will be recommended to the Government for absorption in
Group-D vacancies as per Finance Department Resolution No.31715
dated 04.09.2012 and accordingly, the Petitioner was directed to
submit the documents mentioned in the said letter for onwards
transmission to the Government for further consideration.
6. The Principal, Government Women's College-Opposite Party
No.4 vide letter No.1161 dated 01.11.2018 addressed to the Director,
Higher Education, Odisha, Bhubaneswar-Opposite Party No.2 has
informed that the present Petitioner was engaged as a Sweeper in the
hostel of Government Women's College, Sundargarh prior to
12.04.1993 and she is continuing till date. In the said letter Director,
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Higher Education, Odisha, Bhubaneswar was requested to grant
approval for conferment of temporary status in favour of the
Petitioner and along with the said letter the Opposite Party No.4 has
also forwarded the relevant certificates pertaining to the Petitioner to
consider her case for regularization of her service.
7. The petitioner has filed Office Order No.802 dated 16.11.2020
issued by the In-charge Principal of the Government Women's
College, Sundargarh which reveals that the remuneration the
Petitioner is getting monthly for her service has been increased from
Rs.3,800/- to Rs.4,300/- w.e.f 01.11.2020. The Opposite Party No.4
again on 25.02.2021 wrote a letter to the Director, Higher Education,
Odisha, Bhubaneswar-Opposite Party No.2 request him to grant
temporary status and for absorption of casual / daily wage labourer
engaged in the Government Women's College, Sundargarh prior to
12.04.1993. In such letter, the name of the present Petitioner has been
specifically referred to.
8. Heard Mr. B.B. Swain, learned counsel for the Petitioner and
Mr. S. Mishra, learned Standing Counsel appearing for the School
and Mass Education Department.
9. Perused the materials available on record.
10. It is submitted by learned counsel appearing for the Petitioner
that although the Petitioner has rendered uninterrupted and
continuous service as sweeper for last 29 years at the Government
Women's College, Sundargarh, her services has not been regularized
as of now despite several representations submitted before the
Opposite Parties. It is further submitted by learned counsel for the
Petitioner that the Petitioner is getting consolidated amount of
Rs.4,300/- every month, which is less than the amount payable in
view of the provisions contained in the minimum wages Act. As
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such, it is alleged that such conduct of the Opposite Parties amounts
to exploitation of labour forces by the Government Agencies.
11. Learned Standing Counsel appearing for the State opposed the
prayer for regularization of service of the Petitioner stating that the
appointment is illegal and irregular.
12. Having heard learned counsel for the parties, this Court is of
the considered view that the Petitioner has been discharging her
service continuously and uninterruptedly since 29 years in view of
letter dated 25.02.2021 (under Annexure-5 to the writ petition)
written by the Opposite Party No.4 wherein he has recommended the
case of the Petitioner for regularization and the Opposite Party No.4
has not raised any objection with regard to the nature of appointment
of the Petitioner, more particularly, nothing has been stated in the
said letter with regard to nature of the appointment. Therefore, it can
safely be presumed that initially appointment of the Petitioner was
legal and regular. Moreover, if the appointment of the Petitioner is
illegal, the Opposite Party No.4 should not have allowed the
Petitioner to continue in service for a meager salary for almost three
decades.
13. After considering the materials available on record as well as
submissions made by both the sides, this Court is of the considered
view that the present case is a glaring example of exploitation of
work force by the employer. It is most unfortunate to indicate here
that a Government college has indulged in such practice and
continuing with the illegalities despite observations made by the
Hon'ble Supreme Court of India in the case of Secretary, State of
Karnataka vrs. Uma Devi : reported in AIR 2006 S.C. 1806. An
identical issue of exploitation of an employee by a Government
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College had engaged the attention of this Court in the case of
Basanta Kumar Barik vrs, State of Odisha and others (WPC (OA)
No.616 of 2017) disposed of on 26.11.2021. While taking note of
leading judgments on the subject this Court finally directed the
authorities to consider the case for regularization of the Petitioner in
the light of Uma Devi's case (supra) and to pay all the legitimate
dues payable to the Petitioner in that case. The fact of the present
case is similar to the facts of the case in Basanta Kumar Barik vrs.
State of Odisha and others(supra).
14. In view of the aforesaid analysis, the present writ petition is
being disposed of with a direction to the Opposite Parties to consider
the case for regularization of the Petitioner service in the light of the
judgment rendered in the case of Basanta Kumar Barik vrs. State of
Odisha and others (supra) within a period of three months from the
date of production of certified copy of this order. In the event the
service of the Petitioner is regularized, it is needless to say that the
authorities shall calculate all the arrear dues payable to the Petitioner
within a period of one month from the date of such decision. The
Opposite Parties are further directed to pay current dues as well as
service benefits as due and admissible in law to the Petitioner.
15. With the aforesaid direction, the writ petition stands disposed
of.
Urgent certified copy of this order be granted on proper
application.
Jagabandhu ( A.K. Mohapatra)
Judge
