Orissa High Court
Sreekanta Dash vs Registrar Co-Operative Societies on 7 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8031 of 2025
Sreekanta Dash ..... Petitioner
Represented By Adv. -
Baidhar Sahoo
-versus-
Registrar Co-operative Societies, ..... Opposite Parties
Bhubaneswar and others
Mr. M.R. Patra, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
07.04.2025
Order No.
02. I.A. No.5285 of 2025
1. This matter is taken up through Hybrid mode.
2. Heard learned counsels for the parties.
3. Considering the submission made, the order dated 20.03.2025
passed by this Court in W.P.(C) No.8031 of 2025, is hereby recalled
and in its place the following order is passed.
4. Accordingly, the I.A. stands disposed of.
5. Heard learned counsel for the Petitioner.
6. 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
six 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.
7. 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 MARKFED under the administrative
control of Opposite Party No.2. He has already rendered more than
six years of 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(C) No.15774/2006 and in
Jaggo vs. Union of India and Others, reported in 2024 SCCOnline
SC 3826, in Sripal and Anr. vs. Nagar Nigam, Gaziabad (decided
on 31st January, 2025) in Civil Appeal No.8158-8179 of 2024.
8. 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 six years on monthly
remuneration and outsourcing basis, but he has been working
continuously against regular vacancies of the MARKFED.
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 in Jaggo vs. Union of
India and Others, reported in 2024 SCCOnline SC 3826, in Sripal
and Anr. vs. Nagar Nigam, Gaziabad (decided on 31st January,
2025) in Civil Appeal No.8158-8179 of 2024 and also the resolution
of the G.A. Department dated 17.09.2013, within a period of two
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.
9. With the aforesaid observations/ directions the Writ Petition is
allowed.
10. Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
Date: 08-Apr-2025 18:55:42 Page 3 of 3.
