Petitioner sought regularization of his 26-year daily wage service in the post of Tax Collector. The Court directed the respondents to consider the petitioner's case in light of Supreme Court precedents and pass an order within four months.
Directive to opposite parties to consider petitioner's case for regularization within four months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 15372 of 2016
Bhramarbar Mohapatra ..... Petitioner Mr. G.K. Mohanty, Adv. -VersusState of Odisha and others ….. Opposite Parties Mr. A.K. Sharma, AGA Mr. S.K. Mishra, Adv. (O.P. Nos. 4 & 5)
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER 16.08.2021
Order No. 04.
This matter is taken up through hybrid mode.
Heard learned counsel for the parties.
The petitioner has filed this application seeking for a direction to the opposite parties to regularize his service in the post of Tax Collector taking into account his continuous service of more than 26 years, as has been done in favour of the other similarly situated persons as per Government Circular and in terms of the principle decided in the case of
Secretary State of Karnataka and Others Vrs. 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.
Learned counsel for petitioner submits that the petitioner was engaged on daily wage basis. He has already rendered more than 26 years of service under the opposite parties and therefore, seeks for regularization of his service 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.
Considering the contentions raised by the learned counsel for parties and after going through the records, it appears that petitioner has rendered service for more than 26 years on daily wage basis. 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 this writ petition directing the opposite parties to consider the case of the petitioner keeping in view the judgments in the case of Umadevi and M.L. Kesari (supra) and also the resolution of the Government on this issue, and pass appropriate order within a period of four months from the date of communication of an authenticated/certified copy of this order by the petitioners.
Issue urgent certified copy as per Rules.
A.K. Rana
(DR. B.R. SARANGI) JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regularization of his service after rendering continuous daily wage service for more than 26 years.
Whether the petitioner's claim is based on the ratio of Supreme Court judgments regarding regularization of similarly situated persons.
Colour shows how this judgement treated each authority
Secretary State of Karnataka and Others Vrs. Umadevi (3) and OthersApplied¶10
Secretary State of Karnataka and Others Vrs. Umadevi (3) and Others : 2006 (4) SCC 1 · Who else cites this
State of Karnataka & others Vrs. M.L. Kesari & othersApplied¶10
State of Karnataka & others Vrs. M.L. Kesari & others involving SLP(C) No.15774/2006
Bhramarbar Mohapatra
State of Odisha
B. R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
