Sujit Dash vs Registrar
2023 Latest Caselaw 7627 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.20944 of 2023


                 Sujit Dash                              ....             Petitioner
                                                       Mr. S.D.Tripathy, Advocate

                                            -versus-

                 Registrar, Co-operative Societies       ....          Opp. Parties
                 Odisha and others
                                                       Mr. Iswar Mohanty, A.S.C..


                               CORAM:
                              JUSTICE A.K. MOHAPATRA
                                          ORDER

Order No.                                14.07.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner.

3. The Petitioner has filed this Writ Petition seeking direction to the Opposite Party Nos. 2 & 3 to regularize the service of the Petitioner taking into account his continuous service of more than ten years and in terms of the principle decided in Secretary State of Karnatake and others v.Umadevi (3) and others, (2006) 4 SCC 1 and in State of Karnataka and others vrs. M.L.Kesari and others involving SLP(C) No.15774 of 2006.

4. Learned counsel for the Petitioner submits that the Petitioner was engaged as Data Entry Operator by the Selection Committee of the Agency chosen by the Bank under the administrative control of Opposite Party No.2. He has already rendered more than ten years of // 2 //

service and therefore, seeks for regularization of his service in view of the judgment passed by the apex Court in Secretary State of Karnataka and others v. Umadevi (3) and others, (2006) 4 SCC 1 and in State of Karnataka and others vrs. M.L.Kesari and others involving SLP© No.15774/2006.

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 ten years on monthly remuneration and outsourcing basis, but he has been working continuously against regular vacancies of the Bank. Therefore, the case of the Petitioner is squarely covered by the ratio decided in the cases cited supra. In that view of the matter, this Court disposes of the Writ Petition directing the Opposite Parties No.2 and 3 to consider the case of the Petitioner and regularize his services keeping in view the judgments in the case of Secretary State of Karnataka and others v. Umadevi (3) and others, (2006) 4 SCC 1 and in State of Karnatake and others Vrs. M.L.Keshari and others, involving SLP(C) No.15774/2006 and also the resolution of the G.A. Department dated 17.09.2013, within a period of four months from the date of communication of a copy of this order by the Petitioner and grant consequential service benefits as due admissible to him.

6. With the aforesaid observation and direction the Writ Petition is allowed.

7. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra) Judge RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: HIgh Court of Orissa Date: 17-Jul-2023 15:52:50