Parameswar Hati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No. 2639 of 2022 Parameswar Hati .....

Petitioner Mr. B.P. Tripathy, Advocate Vs.

State of Odisha and others .....

Opposite parties Standing Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

25.02.2022 Order No.

This matter is taken up by hybrid mode.

2.

Heard Mr. B.P. Tripathy, learned counsel for the petitioners and learned State Counsel for the State-opposite parties.

3.

The petitioner has filed this writ petition seeking direction to opposite party no.2 to issue a formal order regularizing his service as Junior Engineer in the establishment of Lift Irrigation Organization under opposite parties with continuation of service in the scale admissible with usual allowances from time to time as per GA Department Notification dated 17.01.2014 (Annexure-5) on completion of six years of service, as has been done in favour of the other similarly situated persons as per Government Circular and in terms of the principle decided in Secretary State of Karnataka and Others v. Umadevi (3) and Others, (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others, involving SLP(C) No.15774/2006.

4.

Learned counsel for the petitioner submits that the petitioner was engaged on monthly remuneration basis. He has already rendered more than 6 years of service under the opposite parties and, therefore, seeks regularization of services in view of

the judgment passed by the Hon'ble apex Court in Secretary State of Karnataka and others v. Umadevi (3) and others, (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others, involving SLP(C) No.15774/2006.

5.

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 6 years on monthly remuneration basis. Therefore, the case of the petitioners is squarely covered by the ratio decided in the cases cited supra. 6.

In that view of the matter, this Court disposes of this Writ Petition directing the opposite parties to consider the case of the petitioner for regularization of service keeping in view the judgment in the case of Secretary State of Karnataka and others v. Umadevi (3) and others, (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others, involving SLP(C) No.15774/2006 and also the resolution of the G.A. Department dated 17.09.2013, within a period of four months from the date of production/communication of certified copy of this order by the petitioner and grant all consequential service and financial benefits as due admissible to him.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE