Susanta Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C(OA) No.760 of 2014 Susanta Kumar Nayak ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

O R D E R

22.3.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard Mr. Mohanty, learned counsel for the Petitioner and Mr. Praharaj, learned counsel for the State. 3.

This Writ Petition has been filed by the Petitioner seeking regularization of his service.

4.

It is submitted by Mr. Mohanty, learned counsel for the Petitioner that pursuant to an interview held as per Annexure-2, the Petitioner was duly engaged as a Contractual Driver vide order dated 22.06.2007 under Annexure-3 on contractual basis.

5.

It is submitted by Mohanty, learned counsel for the Petitioner that pursuant to that order he is continuing as a Contractual Driver in the establishment of Collector, Malkanagiri till date.

6.

It is further submitted by Mohanty, learned counsel for the Petitioner that in similar issue, this Court vide judgment dated 09.09.2021 passed in W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash and Others vs. State of Odisha & Others) has directed for absorption of those employees who have continued for

// 2 // more than six years on contractual basis. Since as per the submission made by Mr. Mohanty, the petitioner is continuing as a contractual driver w.e.f 22.06.2007, his claim for regularization is squarely covered by the aforesaid decision of this Court. While disposing of the Writ Petition, I direct the opposite party No.3 to consider the claim of the Petitioner and pass appropriate order for his regularization by following the direction of this Court in the case of Patitapaban Dutta Dash and Others vs. State of Odisha & Others within a period of three months from the date of production of the certified copy of the order.

7.

With the aforesaid observation and direction the Writ Petition is disposed of.

8.

Issue urgent certified copy of the order as per rules. (Biraja Prasanna Satapathy) Judge Subrat