Kunj Bihari Mohanty Vs State of Odisha

and are being disposed of by this common order. However, this Court feels it apposite to deal with the W.P.(C) No.1632 of 2020 as the leading case for proper adjudication of both the cases.

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3. In filing this Writ Petition, the Petitioner has challenged the order dated 28.11.2019/Annexure-9 passed by the Pr inc ipal Secretary to Government in the Department of Agriculture and Farmers’ Empowerment, Odisha.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Jul-2024 18:45:55

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4 . Factual scenario of the case as well as the submissions on behalf of the parties in brevity remains:-

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(a) On 31.05.1984 the Petitioner was appointed as a Jr. Clerk in the Office of the Deputy Director, Agriculture, Cuttack/ Opposite Party No.3 on 89 days basis. Upon such appointment the Petitioner continued for about 1 & ½ years. Thereafter, all of a sudden, his services was terminated.

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(b) Pursuant to the order passed by the Government in its appropriate department vide letter No.9197 dated 20.03.1991, the General Administration Department had taken a decision to reengage the terminated employees, those who had worked for one year or more. As the Petitioner had worked for more than one year, he was reengaged vide Office order No.12449 dated 15.12.1992.

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(c) It is submitted that upon such reengagement the Petitioner was also granted all the benefits applicable to the regular employees like deduction of GPF, GIS, opening of service book etc. His name was also included in the gradation list.

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(d) Thereafter, the Government vide order No.17104 dated 24.07.2010 also directed for regularization of the

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services of 50 irregularly recruited Jr. Clerk/Jr. Clerks-cumSignature Not Verified Digitally Signed Signed by: AYASKANTA JENA Typist including the present Petitioner, by relaxing the Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Jul-2024 18:45:55 pr ov ision of O.M.S Rules, 1985. Accordingly, pursuant to the order of the Director dated 19.11.2010, 49 irregular

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employees out of 50 were regularized, wherein it was mentioned that the services of the Petitioner was regularized in the post of Jr. Clerk w.e.f. 14.12.1992. The Petitioner was also sent for Departmental Accounts Training and even he was promoted to the post of Sr. Clerk vide Office order dated 31.10.2011. Accordingly, his seniority was fixed in the cadre of Sr. Clerk dated 20.03.2012.

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(e) As a matter of fact, the Director issued the order bearing No.2436 dated 11.09.2013 in order to approve the regularization of the services of 49 numbers of irregular recruitees including the present Petitioner against the post of Jr. Clerk/Jr. Clerk-cum-Typist in prospective manner with effect from 24.07.2010 i.e. the date of issuance of the said order.

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(f) Challenging the said order, the Petitioner had filed an application before the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack vide O.A. No.3366(C)/ 2013.

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(g) Upon hearing the parties concerned, the learned Tribunal vide order dated 03.10.2018 set aside the order No.2436 dated 11.09.2013 and directed that the Petitioner

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should get all the service benefits as per the order of Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Jul-2024 18:45:55

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regularization dated 24.07.2010.

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(h ) C hallenging the said order dated 03.10.2018 passed by the learned Tribunal, the State preferred a Writ Petition

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before this Court vide W.P.(C) No.9298 of 2019. Thereafter, upon hearing both the parties, a Coordinate Bench of this Court vide judgment dated 25.07.2019 disposed of the above noted Writ Petition.

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(i) The relevant portion of the said judgment dated 25.07.2019 is extracted herein below:-

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“ In view of the aforesaid observation, we are in complete agreement with the view taken by the learned Tribunal. It will be open for the State Government to follow the law and if they want to pass any order after following the law, it is open for them to pass fresh order. ”

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(j) At this juncture, learned counsel for the Petitioner submits that upon getting such direction of this Court vide order dated 25.07.2019, the General Administration Department offered his view in a different manner, which is extracted herein below:-

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“ The Administrative Department are advised to examine the case in the light of the judgment of Hon’ble Supreme Court in the case of ‘Secretary, State of Karnataka & Others-Vs.-Umadevi & Otheres reported in AIR 2006, 1806-1828 SC’ and decide whether the irregular recruits can be regularised with reference to para.44 of the said judgment. They may consult the Law department for the purpose. While examining the case, the following points may also be clarified by them.

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1. When was the last regular recruitment done?

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Jul-2024 18:45:55

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2. Were they not taking names from lists of Collectors?

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When are they going to set the recruitment process in motions?”

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(k) Accordingly, the Law Department offered its view relating to the regularization of services of the Petitioner, which is also extracted herein below:-

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“ As it appears, 63 persons were recruited in different offices under the control of the Director, Agriculture & Food Production. Out of them, services of 13 employees have since been regularised on the basis of Court orders. Now the Administrative Deptt. is in the process of regularising the services of the rest out of whom some have filed cases in the Hon’ble Tribunal and the case are pending adjudication. However, regularisation of service of different recruits is the exclusive domain of the Administrative Deptt. and as such the Administrative Deptt. has to take appropriate decision in the matter within the framework of relevant rules/instructions.”

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(l) Thereafter, taking into account the above views the Principal Secretary to the Government of Odisha in the Department of Agriculture and Farmers’ Empowerment passed the impugned order dated 28.11.2019/Annexure-9. The concluding portion of the said order is extracted herein below:-

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“ Therefore, now it is decided that the services of the applicant, the so called irregular recruit, is regularized with effect from 24.07.2010 and this decision has been taken pursuant to the order of the Hon’ble Court passed on 25-07-2019 in W.P.(C) No.9298 of 2019 filed by the State & Others-Vrs.-Sri Kunja Bihari Mohanty.”

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Signature Not Verified (m)

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(m) Challenging the above order, learned counsel for the Petitioner submits that the services of the Petitioner was regularized with effect from 14.12.1992 and in the

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Jul-2024 18:45:55

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meantime, he has been given promotion to the post of Sr. Clerk, without initiation of any proceeding under the OCS (CC&A) Rules, 1962. Hence, the Petitioner is entitled to get all the service benefits as per the order of regularization dated 24.07.2010.

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(n) Challenging the above stand of the Petitioner, learned counsel for the State submits that since the impugned order has been passed taking into account the views of different departments, which are also quoted hereinabove, the same needs no interference. He, accordingly, prays for dismissal of this Writ Petition.

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5. Considering the submissions of both the parties, looking to the factual scenario of the case and since the services of the Petitioner was regularized with effect from 14.12.1992 and in the meantime, he has been promoted to the post of Sr. Clerk, this Court is of the view that the Petitioner should get all the service benefits as per the order of regularization dated 24.07.2010. Therefore, while setting aside the impugned order dated 28.11.2019/Annexure-9, this Court directs that the Petitioner should get all the service benefits as per the order of regularization dated 24.07.2010.

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6. With the aforesaid order, the W.P.(C) No.1632 of 2020 is Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA disposed of.

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Jul-2024 18:45:55

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7. W .P.(C) No.26253 of 2019 is also disposed of in terms of the order passed in W.P.(C) No.1632 of 2020.

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Ayaskanta

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8. Interim order, if any, passed in any of the Writ Petitions stands vacated.

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(Dr. S.K. Panigrahi) Judge

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 12-Jul-2024 18:45:55

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Kunj Bihari Mohanty v. State of Odisha

Case brief

What is this about?

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Kunj Bihari Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

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