Orissa High Court
Ranjan Kumar Mohanty vs Union Of India And Others .... Opp. ... on 22 January, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32119 of 2024
Ranjan Kumar Mohanty .... Petitioner
Mr. N.R. Routray, Advocate
-versus-
Union of India and others .... Opp. Parties
Mr. P.K. Parhi, D.S.G.I. along
with Mr. D.P. Pattnaik, C.G.C
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 22.01.2025
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Mr. P.K. Parhi, learned Deputy Solicitor General
of India along with Mr. D.P. Pradhan, learned Central
Government Counsel filed appearance memo on
behalf of the Union of India, which is taken on record.
Heard learned counsel for the petitioner and
learned counsel for the Union of India.
This writ petition has been filed by the petitioner
Ranjan Kumar Mohanty with a prayer to quash the
order dated 13.09.2024 passed by the learned Central
Administrative Tribunal, Cuttack Bench, Cuttack in
O.A. No.324 of 2021 under Annexure-12.
The petitioner approached the learned Tribunal
as his representation for regularization of his service
was rejected by the opposite parties.
From the factual scenario, it appears that in
response to an advertisement of Indian Red Cross
Society, Odisha State Branch, Bhubaneswar on
12.03.2015, the petitioner was selected for the post of
Project Coordinator in Maintenance Management Unit
(MMU) and engaged on a consolidated pay of
Rs.18,900/- (rupees eighteen thousand nine hundred)
per month vide letter dated 21.05.2015 and the
petitioner continued to discharge his duty in a regular
manner. The petitioner submitted a representation on
20.10.2020 praying for consideration of his case for
regularization. The representation was rejected and
the same was communicated to the petitioner,
whereafter, the petitioner filed another representation
reiterating the same prayer for regularization, which
was also rejected. The prayer of the petitioner was
turned down by the learned Central Administrative
Tribunal relying upon the ratio laid down in the case of
Secretary, State of Karnataka -Vrs.- Uma Devi(3)
reported in (2006) 4 Supreme Court Cases 1 and
it was held that since the contract agreement of the
applicant was over and his services were terminated
thereafter, there is no illegality on the part of the
respondents in rejecting the claim of the applicant for
regularization or terminating his service as per rules
and agreement executed by both the parties.
Learned counsel for the petitioner submitted
that though in the impugned judgment, it has been
held that no document has been produced by the
petitioner to show that he has been working for more
than ten years continuously but in the counter
affidavit filed by the respondents, it is stated that the
petitioner has served in the organization for more
than nine years previously to this appointment.
Learned counsel for the petitioner placed the ratio laid
down by the Hon'ble Supreme Court in a recent
decision i.e. in the case of Jaggo -Vrs.- Union of
India and others reported in 2024 INSC 1034,
wherein in paragraphs 26 and 27, it has been held as
follows:-
"26. While the judgment in Uma Devi
(supra) sought to curtail the practice of
backdoor entries and ensure appointments
adhered to constitutional principles, it is
regrettable that its principles are often
misinterpreted or misapplied to deny
legitimate claims of long-serving
employees. This judgment aimed to
distinguish between "illegal" and
"irregular" appointments. It categorically
held that employees in irregular
appointments, who were engaged in duly
sanctioned posts and had served
continuously for more than ten years,
should be considered for regularization as
a one-time measure. However, the
laudable intent of the judgment is being
subverted when institutions rely on its
dicta to indiscriminately reject the claims
of employees, even in cases where their
appointments are not illegal, but merely
lack adherence to procedural formalities.
Government departments often cite the
judgment in Uma Devi (supra) to argue
that no vested right to regularization
exists for temporary employees,
overlooking the judgment's explicit
acknowledgment of cases where
regularization is appropriate. This selective
application distorts the judgment's spirit
and purpose, effectively weaponizing it
against employees who have rendered
indispensable services over decades.
27. In light of these considerations, in our
opinion, it is imperative for government
departments to lead by example in
providing fair and stable employment.
Engaging workers on a temporary basis for
extended periods, especially when their
roles are integral to the organization's
functioning, not only contravenes
international labour standards but also
exposes the organization to legal
challenges and undermines employee
morale. By ensuring fair employment
practices, government institutions can
reduce the burden of unnecessary
litigation, promote job security, and
uphold the principles of justice and
fairness that they are meant to embody.
This approach aligns with international
standards and sets a positive precedent
for the private sector to follow, thereby
contributing to the overall betterment of
labour practices in the country."
Issue notice on the question of admission
indicating therein that the matter shall be disposed of
finally at the stage of admission.
Learned counsel for the Union of India accepts
notice on behalf of all the opposite parties. Four extra
copies of the writ petition be served on the learned
counsel for the Union of India by 25.01.2025.
List this matter in the week commencing from
03.03.2025 indicating the names of Mr. P.K. Parhi,
learned Deputy Solicitor General of India and Mr. D.P.
Pradhan, learned Central Government Counsel
appearing for the Union of India in the cause list as
well as at the top of the brief.
Counter affidavit, if any, be filed in the
meantime.
( S.K. Sahoo)
Judge
( Savitri Ratho)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 24-Jan-2025 19:00:18
