Allowed

Sushil Ku.Rout v. State

Orissa HC26 Jun 2023WP(C)/5798/2005

Case brief

AI extract

What is this about?

The single judge directed cuttack municipal corporation and state authorities to consider regularizing the petitioner based on his long service and a high court judgment within six weeks. If rejected, status quo is maintained for four weeks. Petition disposed of.

What did the court decide?

Director to Corporation and State authorities to consider regularization within six weeks; status quo maintained for four weeks if denied.

Sushil Ku.Rout Vs State — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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WP(C) No.5798 of 2005

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Sushil Kumar Rout

Petitioner

Mr. A. Das, Advocate

-versus-

State of Odisha & others …. Opposite Parties Mr. P.K. Mohanty, Sr. Advocate Mr. P. Mohanty, Advocate (O.P.3)

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CORAM: JUSTICE V. NARASINGH ORDER 26.06.2023

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Order No.

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1. Heard Mr. Das, learned counsel for the Petitioner and Mr. P.K Mohanty, learned Senior Advocate being assisted by Mr. P. Mohanty, learned counsel for the Opposite Party No.3.

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The grievance of the Petitioner is that though he has been working as a Computer Operator/Data Entry Operator in the Cuttack Municipal Corporation and there is scope of absorption on regular basis, yet acting in a highhanded manner the service of the Petitioner is not being regularized. It is also the grievance of the Petitioner that the Petitioner has been illegally declared as Junior Computer Consultant and salary from July, 2002 has not been paid to him.

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While issuing notice, this Court by order dated 19.09.2005 passed the following order in M.C No.5680 of 2005.

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“xxx xxx xxx

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Page 1 of 4

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Status quo as on today in respect of continuance of the petitioner in the Post of Computer Operator/Data Entry Operator in the Cuttack Municipal Corporation shall be maintained till next date.”

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During the course of hearing, an additional affidavit has been filed by the learned counsel for the Petitioner annexing thereto the resolution passed by the Corporation. Paragraphs- 4 and 7 of the additional affidavit, which have a direct bearing on the point at issue, are culled out hereunder:

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“4. That during the pendency of the writ application, the Cuttack Municipal Corporation has passed a Resolution on 29.06.2022 in which it was decided in serial no.11 of to recommend the Govt. for regularizing the Data Entry Operators/Computer Operators working in the Corporation taking into account their long length of service. It was also decided in the said Resolution that keeping in view the requirement of the Corporation, necessary step should be taken immediately in consultation with Govt. The extract of said resolution dtd. 29.06.2022 of the Cuttack Municipal Corporation is quoted below:

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“୧୧ ନିଗମେର ଦୀଘ� ୧୨/୧୫ ବଷ�ରୁ ଉଷ�େହବ Data Entry Operator ମାେନ � � ଦରମାେର ନିଗମ ତଥା ବହିଁ ନିଯୁ� ସଂ�ା ମା�ମେର ନିଗମେର କାଯ�! କରିଆସୁଛ$ି । େସମାନ&ର ଦୀଘ� ବଷ�ର ଅଭି)ତା, କାଯ�! ଦ*ତା ଏବଂ ନିଗମେର କାଯ�!ର ଜରୁରୀ ଆବଶ!କତାକୁ ଦୃ/ିେର ରଖାଯାଇ ନିଗମ ପାଇଁ ୧୩ େଗାଟି Data Entry Operator ର ପଦବୀ ପୂରଣ ନିମେ$ ରାଜ! ସରକାର& ପ8ାଳାପ କରାଯାଇ ଯଥାଶି: ପଦବୀ ମଂଜୁର କରାଯିବା ସହ, ଉ� Data Entry Operator ମାନ&ୁ ଆବଶ!କୀୟ ପଦବୀେର �ାୟୀ ନିଯୁ�ି <ଦାନ କରାଯିବାକୁ ନି=ତି >ହଣ କରାଗଲା I”

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xxx xxx xxx

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That it may not be out of place to mention here that on 29.12.2022, the Council in its general meeting has brought over all the NMR employees to work charge establishment as per Section 117 (6) of Orissa Municipal Corporation Act, 2003. In Clause 13 of the said resolution which is quoted below:-

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Page 2 of 4

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“୧୩ <ତି@Aାନ ବିଭାଗ Bାରା ଆଗତ ନଥ୍ ସଂIV-D-(l)(T)-08/2022, Consideration for Brought over to Work Charged Establishment of NMR Employees engaged after dt. 12.04.1993 <Dାବ ଅନୁଯାୟୀ ୨୩୩ ଜଣ ଏନ୍ ଏମ୍ ଆର କମ�ଚାରୀ ଦୀଘ� ୨୫ ବଷ�ରୁ ବଷ� ଧରି ନିଗମେର ବିଭିG ପଦପଦବୀେର ନିେୟାଜିତ େହାଇ ନିଗମକୁ େସବା େଯାଗାଇ ଆସୁଛ$ି | Municipal Corporation Act, Section-117, ଉପଧାରା-୬ Appointment to all posts in Group C except the Post of Establishment Officer shall be made by the Corporation and in Group D shall be made by the commissioner subject to the provision of bye laws if any, made by the Corporation ଅନୁଯାୟୀ କାଯ�!ରତ ଏନ୍ ଏମ୍ ଆର କମ�ଚାରୀମାନ&ୁ ଡାକ� ଚାଜ� କମ�ଚାରୀ ଭାେବ ଅବ�ାପିତ କରାଯିବାକୁ ସବ�ସJତି Kେମ ନି=ତି >ହଣ କରାଗଲା”

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Learned Senior Counsel submits that he does not assail the veracity of the resolution and submits that the writ petition can be disposed of directing the State and Corporation to take a decision in terms of the said resolution.

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At this stage it is apt to note that relating to Data Entry Operator working in various Tahasils of Cuttack seeking regularization, learned Single Judge by order dated 09.09.2021 in WP(C) No.19951 of 2020 issued direction for regularization of the Data Entry Operators who have completed six years of service.

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Assailing the same, the State preferred intra court appeal and this Court disposed of the appeal by judgment dated 12.04.2023 and the order passed by the learned Single Judge was affirmed.

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It is stated at the Bar that as on date the judgment in Writ Appeal No.777 of 2021 holds the field.

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On a conspectus of the materials on record and considering the submission of the learned counsel for the parties, this Court is persuaded to direct the Corporation and the State authorities to consider the claim of the Petitioner for regularization keeping in

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view his long service rendered to the Corporation and taking into account the spirit of the judgment of this Court in Writ Appeal No.777 of 2021 adverted to hereinabove relating to DEOs within a period of six weeks from the date of receipt/production of a copy of this order, after giving an opportunity to the Petitioner or his representative. The outcome of such consideration shall be communicated to the Petitioner.

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In the event the authorities take a decision not to regularize the Petitioner as Computer Operator/Data Entry Operator, status quo as on date in respect of the Petitioner’s post shall be maintained for a further period of four weeks from the date of communication of such decision to the Petitioner.

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The writ petition is accordingly disposed of.

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Issue urgent certified copy of this order as per rules.

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(V. NARASINGH)
Judge
PKS

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: AR-cum-Sr. Secy. Reason: Authentication Location: Orissa High Court Date: 27-Jun-2023 13:30:19

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Sushil Ku.Rout v. State

Case brief

What is this about?

What did the court decide?

Sushil Ku.Rout v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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