Orissa High Court
Dillip Kumar Nayak vs State Of Odisha And Another on 9 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5939 of 2022
Dillip Kumar Nayak .... Petitioner
Mr. B.S. Tripathy-1, Advocate
-versus-
State of Odisha and another .... Opposite Parties
Mr. Y.S.P. Babu, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.03.2022
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State.
3. The present writ petition has been filed by the Petitioner with
the following prayer:-
i) direct the opp.party No.1 to forthwith issue
formal order regularizing his services as Data
Entry Operator w.e.f. 07.09.2015 in the sale of
pay PB-1-5200-20200/- +GP Rs.1900/- with
usual allowances admissible from time to time
as per GA Dept. Resolution dt.17.09.2013 and
in the same manner as has been allowed to
similarly situated outsourced contractual
DEOs in various State Govt. Departments as
in Annexure-8 Series and 9 and as per law laid
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down by this Hon'ble Court in the recent
judgment dt.23.11.2021 rendered in W.P.(C)
No.16906 of 2020 (Rashmi Rekha Dash vrs.
State);
ii) Pass such other order(s) as would be deemed
fit and proper in the interest of justice and fair
play;
4. It is submitted by learned counsel for the Petitioner that the
Petitioner has been working as DEO to issue formal order
regularizing his services as Data Entry Operator with effect from
07.09.2015 in the scale of pay PB-1-5200-20200/- +GP Rs.1900/-
with usual allowances admissible from time to time as per GA
Department Resolution dt.17.09.2013 on his completing six years of
satisfactory service as Data Entry Operator and in the same manner
as has been allowed to similarly situated outsourced contractual Data
Entry Operator in various State Govt. Departments and
establishments with all consequential service and monetary benefits.
5. It is further submitted by learned counsel for the Petitioner that
although the Petitioner has completed seven years of service as DEO
i.e. more than six years as provided under rule and regulation of
service. However, the authorities have not considered case of the
Petitioner as of now and he seeks for a direction to the authorities to
consider his case. Further relied upon to the judgment of this Court in
the case of Rashmi Rekha Dash and others vrs. State of Odisha and
others (W.P.(C) No.16906 of 2020) disposed of on 23.11.2021 and
Rudrakanta Panda and others vrs. State of Odisha and others
(WPC(OAC) 2430 of 2015) disposed of on 10.12.2021.
5. Learned counsel for the State submits that he has no objection,
if a direction is given to the authorities to consider the case of the
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Petitioner in the light of the judgment of this Court and if the
petitioner found suitable and eligible, his case shall be considered for
regularization.
6. Having regard to the submissions made by learned counsel for
the parties, this Court directs the petitioner to approach the Principal
Secretary to Government, Steel and Mines Department,
Bhubaneswar-Opposite Party No.1 along with relevant copies of the
judgment as stated hereinabove. In the event the petitioner submits
the relevant documents along with certified copy of this order, the
same shall be considered within a period of two months thereafter in
accordance with law. Further in the event, the Petitioner is found
suitable and eligible for regularization as per the judgment of this
order Court, he shall be regularized within a period of two months
thereof. Till the decision is taken, the Petitioner shall not be
disengaged from his service.
7. With the aforesaid direction, the writ petition stands disposed
of.
8. Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
