Orissa High Court
Smt. Jyoshnarani Panda & Ors vs State Of Odisha & Ors. .......... ... on 21 November, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 28479 of 2024
Smt. Jyoshnarani Panda & Ors. ........ Petitioner(s)
Mr. K.C. Sahu, Adv.
-Versus-
State of Odisha & Ors. .......... Opposite Party(s)
Mr. Gayatri Patra, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
21.11.2024
Order No.
01 1. This matter is taken up through hybrid arrangement.
2. Heard Mr. Sahu, learned counsel appearing for the Petitioners
and Ms. Gayatri Patra, learned ASC for the Opposite Parties.
3. Instant writ petition is filed by the petitioners for a direction
to the opposite parties for induction so also regularization of
services of the petitioners as Regular MPHW (F) in view of
completion of six years of uninterpreted contractual service as
on the date of commencement of the Odisha MPHW(F) Service
(Method of Recruitment and Conditions of Service) Rules, 2019
(hereinafter referred to as 'the Rules') keeping in view of the
unamended deeming provisions of Rules 4 and 5 under
Annexure-4 so also keeping in view of the order of Hon'ble
Designation: Personal Assistant
Reason: Authentication Apex Court as at Annexure-6 and the recent judgment of this
Location: High Court of Orissa Cuttack
Date: 22-Nov-2024 18:44:04
Court dated 26th April, 2024 passed in W.P.(C) No.35563 of 2020
and batch of matters in Amresh Behera Vrs. State of Odisha
and others and to ensure release of all consequential service and
financial benefits within a stipulated time on the grounds stated
therein.
4. Mr. Sahu, learned counsel appearing for the petitioners
submits that the petitioners having been duly recruited and
completed six years of contractual service shall be deemed to be
a regular employee. It is further submitted that in batch of
matters recently disposed of by a Co-ordinate Bench in W.P.(C)
No.35563 of 2020, in a similarly situated case, the petitioners
engaged on contractual basis as Pharmacist and worked in
Mobile Health Unit, their services have been directed to be
regularized by a judgment dated 26th April, 2024. It is pleaded
that the petitioners since is on similar footing, their service is
accordingly to be regularized in view of Rule 4 of the Rules and
as per the decision in W.P.(C) No.35563 of 2020 and batch of
matters.
5. Recorded the submission of Ms. Patra, learned ASC for the
opposite parties.
6. Since there is a direction for regularization of service of
similarly situated Pharmacist by a judgment in W.P.(C)
Designation: Personal Assistant No.35563 of 2020 and batch cases, considering the submission of
Location: High Court of Orissa Cuttack
Date: 22-Nov-2024 18:44:04 Mr. Sahu, learned counsel appearing for the petitioners and the
plea that the petitioners are working as member of a Mobile
Medical Team (MMT) under RBSK/MHU Programme, the case
for their regularization is also required to be considered by
opposite party Nos. 1 & 2 in accordance with the Rules and in
terms of the said judgment at the earliest.
7. Hence, it ordered.
8. In the result, the writ petition stands disposed of with a
direction to opposite party Nos. 1 & 2 to consider the case of the
petitioners towards regularization of their service in the light of
the decision in W.P.(C) No.35563 of 2020 and by having regard
to Rule 4 of the Rules with the above exercise concluded within
eight weeks from the date of receipt of a copy of this order.
9. A copy of the order be handed to Ms. Patra, learned counsel
appearing for opposite parties for its onward intimation to the
concerned Authority and for early compliance.
10. Urgent certified copy of the order be issued as per rules.
( Dr. S.K. Panigrahi)
Judge
Murmu
Designation: Personal Assistant
Location: High Court of Orissa Cuttack
Date: 22-Nov-2024 18:44:04
