Orissa High Court
State Of Odisha And Others vs Gaganeswar Behera And Another on 21 October, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 907 of 2023
State of Odisha and others .... Appellants
Mr. Saswat Das, Addl. Government Advocate
-versus-
Gaganeswar Behera and Another .... Respondents
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 21.10.2024
01. This matter is taken up through Hybrid mode.
2. The present intra-court appeal has been filed putting to
challenge an order dated 25.10.2019 passed in W.P.(C) No. 19974
of 2019, which reads as under:-
"Due to cease work call given by the Members of
Orissa High Court Bar Association, none appears for
the parties.
Perused the record, The petitioner has filed this
application seeking for direction to the opposite parties
to regularize his service in the post of Cook-cum-
Attendant (Group-D) lying vacant under opposite party
no.6 and grant all consequential service benefits 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.
As it appears, the petitioner was engaged as Cook-
cum-Attendant (Group-D) lying vacant in Government
(SSD) High School, Gunupur in the year 2007. He has
already rendered more than 12 years of service under
the opposite parties and seeks 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. As such, the case of the
petitioner is squarely covered by the ratio decided in
Secretary State of Karnataka and Others (supra).
In such 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 within a period of four months and
grant consequential service benefits as due admissible
to him.
Issue urgent certified copy as per rules."
3. The appeal is barred by limitation. There is delay of 1256 days.
4. Learned Additional Government Advocate challenging the
impugned order has submitted that the same was passed on the
very first day when the case was taken up without any opportunity
to the State to file a counter affidavit with a positive direction to
the State to regularize the petitioner's service in the light of the
Supreme Court's decision in case of Secretary State of Karnataka
and others Vs. Umadevi (3) and others (supra).
5. We have carefully perused the impugned order dated
25.10.2019.
6. In the peculiar facts and circumstances of the case, even
though the impugned order was passed when there was a call given
by Members of Orissa High Court Bar Association to cease work
and there was no representation on behalf of the parties; in the
nature of the order which has been passed by the learned Single
Judge, we are inclined to dispose of the present appeal without
interfering with the said order with a clarification that in terms of
the said order of the learned Single Judge, the opposite parties are
required to consider the petitioner's case for regularization of his
service in the light of Secretary State of Karnataka Vs. Umadevi
(3) and others (supra) and take appropriate decision in accordance
with law.
7. With the aforementioned clarification, this appeal stands
disposed of. The interlocutory applications are also disposed of
accordingly.
(Chakradhari Sharan Singh)
Chief Justice
(Savitri Ratho)
Judge
SK Jena/Secy.
Location: High Court of Orissa, Cuttack.
