Allowed

Tapan Kumar Sahu v. State of Odisha

Orissa HC4 Dec 2024WP(C)/27897/2021

Case brief

AI extract

What is this about?

Two contractual Gardeners appointed in 2011 through open advertisement sought regularization under the 2013 Contractual Appointment Rules, which had since been repealed. The court found their appointments were against sanctioned posts created by Government letter and directed regularization within three months.

What did the court decide?

Regularization of both petitioners' services ordered within three months of receipt of certified copy of the order.

Tapan Kumar Sahu Vs State of Odisha — Service and Employment | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27897 of 2021 & W.P.(C) No.27900 of 2021

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In W.P.(C) No.27897 of 2021

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Tapan Kumar Sahu

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…. Petitioner Ms. B.K. Pattanaik, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr. D. Mohanty, A.G.A.

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In W.P.(C) No.27900 of 2021

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Gopinath Sahu

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…. Petitioner Ms. B.K. Pattanaik, Advocate

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-versus-

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…. State of Odisha and another Opposite Parties Mr. D. Mohanty, A.G.A.

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

04.12.2024

Order No.

Heard Ms. B.K. Pattanaik, learned counsel for the Petitioners as well as Mr. D. Mohanty, learned Additional Government Advocate for State-Opposite Parties in both the writ petitions.

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The common case of the Petitioners in both the writ petitions is that, they both have been appointed as ‘Gardeners’ in due process of law pursuant to the advertisement dated 7.4.2011, on contractual basis against the sanctioned post.

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The grievance of the Petitioners is that, despite they have been completed more than six years in terms of the Group-C and

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Signature Not Verified

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Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Dec-2024 18:45:52

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Page 1 of 3

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Group-D Posts (Contractual Appointment) Rules, 2013, their services have not been regularized till date.

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Opposite Party No.2, i.e. the Director of Horticulture, Odisha, Bhubaneswar has filed the counter affidavit stating that, the appointment of the Petitioners on contractual basis is not against any sanctioned post and therefore, question of their regularization does not arise.

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As seen from the record, the advertisement under Annexure-1 for filling up the posts of Gardeners is an open advertisement and the selection of the Petitioners for the post of Gardeners is admittedly in due process of law. As per Letter No.11412, dated 19.5.2010 of the Government of Odisha in Agriculture Department (Annexure-B/2 series), 71 numbers of contractual posts of Gardeners were created and out of the same, 10 posts were directed to be filled up by way of an open advertisement. Thus according to such instruction given by the Government, the Director has advertised for such posts of Gardeners on contractual basis. Therefore, it is incorrect to say that the Petitioners are not appointed in the sanctioned posts.

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The State-Opposite Party No.1 has not filed his reply.

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It is admitted that, both the Petitioners are still continuing on consolidated remuneration till date pursuant to their initial appointment dated 2.12.2011 as Gardeners. In the meantime, the Group-C and Group-D Posts (Contractual Appointment) Rules, 2013 has already been repealed. Therefore, considering the principles as decided in the case of Secretary, State of Karnataka

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Signature Not Verified

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Page 2 of 3

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Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Dec-2024 18:45:52

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and others vs. Uma Devi (3) and others, (2006) 4 SCC 1 and the subsequent decisions, it is directed to regularize the service of the Petitioners, who are continuing for more than 13 years in the same post, within a period of three months from the date of receipt of a certified copy of this order.

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Both the writ petitions are disposed as allowed.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray)

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Judge

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B.K. Barik

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Signature Not Verified

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Page 3 of 3

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Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Dec-2024 18:45:52

Tapan Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tapan Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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