Sashibhusan Rath v. State of Odisha
Case brief
What is this about?
The High Court of Orissa in W.P. (C) No. 409 of 2021 granted relief to a contractual Multi-Purpose Health Worker who had served for over a decade. Citing the legal fiction in Rule 4 of the 2022 Repeal Rules and long-standing service jurisprudence, the Court held that the initial appointee's 2023 regularization denial was erroneous and applied the doctrine of industrial estoppel. Consequently, the impugned order of the Additional Chief Secretary was set aside, and the Government of Odisha was directed to reconsider the petitioner's regularization claim within eight weeks, ensuring compliance with established legal principles.
What did the court decide?
The impugned order dated 09.12.2020 is set aside. The respondent is directed to consider the petitioner's grievance for regularization in service within eight weeks, keeping in view the legal position set forth.