Kailash Ch. Sethi vs State Of Odisha And Others
2023 Latest Caselaw 10652 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No. 2800 of 2019

Kailash Ch. Sethi                     .....                                      Petitioner
                                                          Ms. B.K. Patnaik, Advocate
                                      Vs.
State of Odisha and others            .....                            Opposite Parties
                                                            Mr. L. Samantaray, AGA
              CORAM:
                 DR. JUSTICE B.R. SARANGI

                                              ORDER

02.09.2023

Order No. I.A. No. 11068 of 2019

04. This matter is taken up through hybrid mode.

2. This application has been filed by the petitioner for correction of some typographical error crept in the order dated 08.07.2019 passed in the writ petition.

3. Considering the contentions raised in the application itself, the prayer for correction of the typographical error is allowed and a fresh order incorporating the correction is passed today.

4. The I.A. stands disposed of.

(DR. B.R. SARANGI) JUDGE

05. W.P.(C) No.2800 of 2019

Heard learned counsel for the parties.

2. The petitioner, who is working under the opposite party- Corporation, subsequently re-named as Micro Small and Medium Enterprises Deptt., has filed this application seeking regularization of service taking into his initial date of entry into service.

3. Learned counsel for the petitioner states that the petitioner has already completed more than 10 years of service and therefore, he is otherwise eligible for regularization of service in accordance with law. It is further urged that vacancies are available and there will be no impediment on the part of the authorities for regularization of his services.

4. Learned counsel for the opposite party-Corporation admits the fact that the petitioner has already completed 10 years of service taking into his initial date of entry into service.

5. Considering the submission of the learned counsel for the parties and after going through the materials available on record, it appears that the petitioner has already completed 10 years of service under the organization and despite interim order passed by this Court on 17.09.2002, he has not been allowed to continue. However, the petitioner has already completed more than 10 years of service against the post held by him. The petitioner having requisite qualification and having satisfied the eligibility criteria, he is otherwise eligible to be absorbed against the post held by him. But instead of doing so, the authorities are utilizing their services without regularizing his services even though vacancies are available. Therefore, the authorities should not have thrown him out from the job for no reasons. At the same time, it is to be considered pragmatically that if the petitioner has rendered more than 10 years of service and otherwise eligible and vacancies are available, he should have been considered for regular absorption taking into account his past service.

6. In view of the aforesaid position, this Court disposes of the writ petition directing opposite party nos. 1 and 3 to consider the

case of the petitioner in the light of the judgment of the apex Court in Secretary, State of Karnataka and others v. Umadevi (3) and others (2006) 4 SCC 1 and extend the benefit due admissible to him in accordance with law.

7. The petitioner is directed to produce the certified copy of this order before opposite parties no.1 and 3, who shall consider the same in accordance with the provisions of law.

Issue urgent copy as per Rules.

(DR. B.R. SARANGI) JUDGE

Signature Not Verified Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 04-Sep-2023 12:09:28