Petitioner vs Odisha University Of
2023 Latest Caselaw 1180 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.26998 of 2020

                                        .....                                Petitioner
Ranjit Nayak
                                                             Mr. A. Sahoo, Advocate
                                        Vs.
Odisha University of                    .....                         Opposite Parties
Agriculture & Technology &
Ors.
                                                     Mr. P.M. Pattajoshi, Advocate
                                                                      (O.Ps.1 &2)

               CORAM:
                  DR. JUSTICE B.R. SARANGI

                                               ORDER

03.02.2023

Order No. This matter is taken up through Hybrid mode.

2. Heard Mr. A. Sahoo, learned counsel for the petitioner and Mr. P.M. Pattajoshi, learned counsel appearing for the opposite parties.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to regularize his services from the date of his initial appointment and grant all consequential and financial benefits within a stipulated time.

4. Mr. A. Sahoo, learned counsel for the petitioner submits that the petitioner was engaged as temporary employee under OUAT, Bhubaneswar and in the meantime he has already rendered more than 10 years of under the opposite parties and seek for regularization of service in view of judgment passed by the apex Court in Secretary State of Karnataka and Others v. Umadevi (3) and Others (2006) 4 SCC 1 and State of Karnataka and

others v. M.L. Kesari and others, (2010) 9 SCC 247.

5. Considering the contentions raised by the learned counsel for the petitioner and after going through the records, it appears that the petitioner has rendered service for more than 10 years on temporary basis. Therefore the case of the petitioner is squarely covered by the ratio decided in Secretary State of Karnataka and Others v. Umadevi (3) and Others (2006) 4 SCC 1 and State of Karnataka and others v. M.L. Kesari and others, (2010) 9 SCC

247.

6. In that view of the matter, this Court disposes of this writ petition directing the opposite parties to consider the case of the petitioner and regularize his services keeping in view of the judgment in Secretary State of Karnataka and Others v. Umadevi (3) and Others, (2006) 4 SCC 1 and State of Karnataka and others v. M.L. Kesari and others, (2010) 9 SCC 247 and grant all consequential service benefits as due admissible to him in accordance with law within a period of four months from the date of production of a certified/authenticated copy of this order

7. Issue urgent certified copy as per rules.

(DR. B.R. SARANGI) JUDGE

Alok