Debasish Das And Another vs Union Of India And Others
2022 Latest Caselaw 2431 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.10888 of 2022

            Debasish Das and another               ....          Petitioners
                                        Mr. Subhendu Kumar Nayak, Advocate

                                        -versus-

            Union of India and others                ....       Opposite Parties
                                                   Mr. YSP Babu, AGA for State

                      CORAM:
                      JUSTICE A.K.MOHAPATRA

                                         ORDER

05.05.2022 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for the Petitioners.

3. The grievance of the Petitioners in the present writ petition is that although they have been working on contractual basis for more than a decade continuously, however, the Authorities are trying to disengage the present Petitioners by hiring another set of contractual employees. It is further contended by Mr.S.K.Nayak, learned counsel for the Petitioners that law is well settled that a set of contractual employees cannot be substituted by another set of contractual employees in view judgment of this Hon'ble Court in the case of State of Haryana vs. Piara Singh and others, reported in AIR 1992 SC 2130 and in the case of Dillip Kumar Baral vs. BPUT, reported in 2013 (II) OLR 210.

4. In such view of the matter, this Court feels it appropriate to issue notice to the Opposite Party. Since Mr.YSP Babu, learned AGA accepts notice on behalf of Opposite Party Nos.2, 3 and 4, no // 2 //

notice need be issued to them. Let three extra copies of the writ petition be served on him within a week. One extra copy of the writ petition be served on learned Assistant Solicitor General, who accepts notice on behalf of Opposite Party No.1 within the said time.

5. Issue notice to Opposite Party No.5 by Registered Post with A.D., fixing a short returnable date. Requisites shall be filed within a week.

6. Counter Affidavit, if any, shall be filed within six weeks.

7. List this matter in the week commencing 01.08.2022.

I.A. No.5641 of 2022

8. Issue notice.

9. As an interim measure, it is directed that the Petitioners shall not be disengaged from services till the next date of listing. However it is open for the Opposite Parties in the event of change of outsourcing agency, the persons who are working in the Organization for decades shall be considered first.

10. Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo