Orissa High Court
Parameswar Rana And Others vs The Commissioner-Cum-Secretary on 17 March, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4303 of 2022
Parameswar Rana and others .... Petitioners
Mr. Basudev Barik, Advocate
-versus-
The Commissioner-cum-Secretary, .... Opposite Parties
Deptt. of Transport & Commerce,
Odisha and others
Mr.YSP Babu, AGA for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
17.03.2022
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioners and learned
counsel for the State.
3. This writ petition has been filed by the Petitioners with the
following prayer:
"In view of the aforesaid facts and circumstances, it is
humbly prayed that this Hon'ble Court may graciously be
pleased to admit the writ application, issue notice to the
opp. Parties and after hearing from both the parties to
quash/modify the order of disengagement dtd.24.1.2021
under Annexure-1 and further prayed issue direction to the
opp. Parties, more particularly opp. Party No.2 & 3 to allow
the petitioners to work in their service place where they
were working.
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And further prayed after reinstatement of their
service, their service may kindly be regularized as per
prevailing rules and Regulation of the Govt."
4. The background of the case of the Petitioners is that the
Petitioners were engaged as D.L.R. Employees in the year 1998 and
discharging their duties of Annexure, DCR, TP, Register, Money
Receipt and other contingent works assigned by the A.R.T.O./Jr.
MVI in Lakhannath unified check gate, Lakhannath Road in the
district Balasore. They were paid by the RTO, Balasore (Opposite
Party No.3) as per the instructions/approval of the Govt. with
periodical sanctioned from time to time. It is further submitted by
learned counsel for the Petitioners that Petitioners were continuing
from the year 1998 to till September, 2011 under the Supervisions of
Opposite Party No.3 with their best service performance, for which,
the Authority recommended the names of the Petitioners from time
to time for approval of engagement before the Opposite Party Nos.1
and 2. Till September, 2011, they have been allowed to continue as
such without any break. Thereafter, Govt. has decided to engage the
outsource agency to discharge the duties of the Petitioners.
Accordingly, they worked under the outsource agency for three
years. Again another outsource agency was engaged. Thereafter,
instead of outsource agency, Govt. directly employed the Petitioners
w.e.f 6.11.2015 to 31.3.2017 as DLR employees and they were
posted at Lakhannath check gate. But while continuing as DLR
employees in Road Safety (SOP) under Opposite Party No.3,
Petitioners services were not extended on the ground of 'Deficiency
of Fund of the State Govt.' and accordingly petitioners were
disengaged from their services from 01.10.2021 under Annexure-1.
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5. It is stated that as per the decision taken in the Board
meeting held on 28.09.2021, it was decided to disengage the
Security Guards as the objective could not be achieved for which
they were engaged. Moreover, there is scarcity of funds with the
State Govt. to pay remuneration of the Petitioners. Accordingly, the
Petitioners were disengaged from their services.
6. After disengagement of the Petitioners, they approached the
Authority-Opposite Party No.1 by filing representation dated
18.10.2021 to consider the case of the Petitioners, which is stated to
be pending before the said Authority as of now.
7. Learned counsel for the State on the other hand submits that
due to lack of funds, the Petitioners could not be allowed to continue
as DLR employees. Further he submits that the Petitioners were
engaged as DLR employees and they should not claim any right to
continue in such post any further. Accordingly, he prays for a
dismissal of the writ petition.
8. Having heard learned counsel for the parties and considering
the factual background of the case and as the Petitioners have been
serving on ad hoc basis for above two decades, the Authorities
should consider the case of the Petitioners sympathetically. In any
case, the Opposite Party No.1 is directed to consider the
representation of the Petitioners dated 18.10.2021 (Annexure-11
series), pending before it within a period of two months from the
date of production of certified copy of this order. In the event it is
found that there are vacancies and Petitioners may be
accommodated, then the case of the Petitioners be considered for
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engagement on regular posts by the Authority. It is open for the
Petitioners to file any other documents, judgments of this Court
whereby DLR employees have been allowed to be regularized
before the Authority.
9. With the aforesaid direction, the writ petition stands
disposed of.
10. Issue urgent certified copy as per rules.
(A.K. Mohapatra)
Judge
U.K.Sahoo
