Hara Panchabihar v. State of Odisha

Orissa HC5 Mar 2025WP(C)/4296/2025

Case brief

AI extract

What is this about?

Hara Panchabihar v. State of Odisha & Ors.; WP(C) No.4296 of 2025; High Court of Orissa at Cuttack; Aditya Kumar Mohapatra; 05.03.2025; contractual Sweeper; V.S.S. Medical College Hospital Burla; regularization on completion of 6 years; Annexure-6 order dated 28.02.2023; Resolution dated 17.09.2013; consequential service and financial benefits; D.M.E.T. Bhubaneswar; VIMSAR clarification letter dated 08.11.2024; three months; certified copy; writ disposed at admission stage.

What did the court decide?

Direction to Opposite Party Nos. 2 and 3 to regularize the service of the Petitioner as per the order under Annexure-6 dated 28.02.2023, and to sanction and release consequential service and financial benefits in favour of the Petitioner within three months from the date of communication of a certified copy of this order by the Petitioner.

Hara Panchabihar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner is entitled to extension of the benefits of regularization along with all consequential service and financial benefits, including arrears, pursuant to the order of the DMET (Opposite Party No.2) dated 28.02.2023 under Annexure-6. +1 more

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Court's answer

The Court disposed of the writ application at the stage of admission, directing Opposite Party Nos. 2 and 3 to regularize the service of the Petitioner as mentioned in the order under Annexure-6 (dated 28.02.2023).

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Ratio / Principle

Consequential service as well as financial benefits were ordered to be sanctioned and released in favour of the Petitioner within a period of three months from the date of communication of a certified copy of the order by the Petitioner.

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Detailed headnote1 paragraphs

WP(C) No.4296 of 2025 (High Court of Orissa, Aditya Kumar Mohapatra J., order dated 05.03.2025): Petitioner, initially engaged as a contractual Sweeper in V.S.S. Medical College Hospital, Burla (order dated 22.12.2007, Annexure-2), was recommended by Opposite Party No.3 for regularization on completion of six years (order dated 18.03.2016); after W.P.(C) No.7425 of 2022 (disposed 23.03.2022 with a direction to Opposite Party No.2 to decide on the 18.03.2016 letter) and contempt CONTC No.1173 of 2023 (dropped 12.07.2023), his service stood regularized under Annexure-6 order dated 28.02.2023 subject to the conditions in Resolution dated 17.09.2013, yet consequential benefits were not extended, and the Superintendent, VIMSAR, Odisha sought clarification (letter dated 08.11.2024, Annexure-8) stating that the 17.09.2013 guideline had not been followed. The Court disposed of the writ at the admission stage, directing Opposite Party Nos. 2 and 3 to regularize the service as per Annexure-6 and to sanction and release consequential service and financial benefits within three months from communication of a certified copy of the order by the Petitioner.

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4296 of 2025

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Hara Panchabihar

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..... Petitioner

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Represented By Adv. - Manas Pati

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-versus-

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State Of Odisha & Ors.

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..... Opposite Parties

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Represented By Adv. – M.R. Patra, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.03.2025

Order No.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto.

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The Petitioner has filed the present writ application with the following prayer:

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“The petitioner therefore prays that your lordships may graciously be pleased to direct the Opp. party No. 3 to extend the benefits of regularization along with all consequential service and financial benefits along with arrears as per order of DMET i.e. Opp. party No. 2 dated 28.02.2023 under Annexure-6 within a stipulated time.

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And pass such order/ directions as this Hon’ble Court may deem fit and proper.”

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Learned counsel for the Petitioner at the outset contended that the Petitioner was initially engaged on contractual basis as a Sweeper

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Page 1 of 4.

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in V.S.S. Medical College Hospital, Burla under Annexure-2 vide order dated 22.12.2007. Thereafter, the Petitioner continued to discharge his duties. While continuing on contractual basis, the authority-Opposite Party No.3 recommended the name of the Petitioner for regularisation of his service on completion of 6 years of service vide order dated 18.03.2016 to the Opposite Party No.2. Since the recommendation of order dated 18.03.2016 was not considered, the Petitioner was compelled to approach this Court by filing W.P.(C) No.7425 of 2022. This Court vide order dated 23.03.2022 disposed of the aforesaid writ application with a direction to the Opposite Party No.2 to take a decision on the letter dated 18.03.2016 under Annexure-4 to the present writ application within a stipulated period of time. Since the order dated 23.03.2022 was not implemented by the authorities, the Petitioner was constrained to approach this Court by filing a contempt application bearing CONTC No.1173 of 2023. During the pendency of the aforesaid contempt application, the Opposite Parties passed an order under Annexure-6 dated 28.02.2023. On perusal of aforesaid order, it appears that the service of the Petitioner has been regularized on completion of 6 years of service as contractual employee subject to fulfilment of the conditions laid down in Resolution dated 17.09.2013. Accordingly, the contempt proceeding was dropped vide order dated 12.07.2023.

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The grievance of the Petitioner in the present writ application is that although pursuant to the order passed in the earlier writ application the service of the Petitioner has been regularized, however, the Petitioner has not been extended with the consequential benefit. Being aggrieved by such inaction of the Opposite Parties, the Petitioner has again approached this Court by filing the present writ

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Page 2 of 4.

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application.

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Learned counsel for the Petitioner further referring to the letter dated 08.11.2024 under Annexure-8 contended before this Court that when the Petitioner approached the Opposite Parties for grant of consequential benefits, the Superintendent, VIMSAR, Odisha sought for some clarification from the D.M.E.T., Bhubaneswar-Opposite Party No.2. The Superintendent, VIMSAR, Odisha has further mentioned in the said letter that the guideline laid down in Resolution dated 17.09.2013 has not been followed in the case of the Petitioner. He further contended that the Superintendent, VIMSAR, Odisha could not have taken such a stand after disposal of the previous writ application as well as the contempt application and in view of the order dated 28.02.2023 under Annexure-6. Accordingly, it was prayed that the Opposite Parties be directed to give effect to the order under Annexure-6 and all consequential, financial benefits be calculated, sanctioned and disbursed in favour of the Petitioner within a stipulated period of time.

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Learned Additional Standing Counsel on the other hand contended that the Opposite Party No.2 has already taken a decision to regularize the service of the Petitioner on completion of 6 years of service as a contractual employee subject to the Resolution dated 17.09.2013. Therefore, the necessary consequential steps are to be taken while regularizing the service of the Petitioner. He further submitted that the present writ application has been filed without first approaching the Opposite Parties. In such view of the matter, learned counsel for the State submitted that the Petitioner first be directed to approach the Opposite Parties instead of approaching this Court by filing the present writ application and, he will have no objection in

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Page 3 of 4.

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the event this Court directs the Opposite Parties to redress the grievance of the Petitioner in accordance with law within a stipulated period of time.

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Considering the submissions made by the learned counsels for the parties, on a careful examination of the background facts as well as materials on record, further keeping in view the order passed in the previous writ application as well as in the contempt application and the order dated 28.02.2023 under Annexure-6 to the writ application, this Court deems it proper to dispose of the writ application at the stage of admission with a direction to the Opposite Party Nos.2 and 3 to regularize the service of the Petitioner as mentioned in the order under Annexure-6 to the writ application. Accordingly, the consequential service as well as financial benefits be sanctioned and released in favour of the Petitioner within a period of three months from the date of communication of a certified copy of this order by the Petitioner.

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With the aforesaid observation, the writ application stands disposed of.

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Issue urgent certified copy of this order as per Rules.

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Anil

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Signature Not Verified Page 4 of 4. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 07-Mar-2025 17:02:39

Procedural history

How this case reached the court

AI extract

Order under challenge
Inaction of the Opposite Parties in extending consequential service and financial benefits to the Petitioner despite regularization effected under Annexure-6 order dated 28.02.2023; subsequently, the Superintendent, VIMSAR, Odisha sought clarification (letter dated 08.11.2024, Annexure-8) stating that the guideline laid down in Resolution dated 17.09.2013 had not been followed.¶¶23
Prior proceeding
Initial engagement of the Petitioner on contractual basis as a Sweeper in V.S.S. Medical College Hospital, Burla vide order dated 22.12.2007 (Annexure-2).¶¶22
Prior proceeding
Recommendation by Opposite Party No.3 for regularization of the Petitioner's service on completion of 6 years, vide order dated 18.03.2016, sent to Opposite Party No.2.¶¶22
Prior proceeding
Non-consideration of the recommendation of 18.03.2016 led the Petitioner to file W.P.(C) No.7425 of 2022 before this Court.¶¶22
Prior proceeding
Earlier writ W.P.(C) No.7425 of 2022 disposed of by this Court vide order dated 23.03.2022, directing Opposite Party No.2 to take a decision on the letter dated 18.03.2016 (Annexure-4) within a stipulated period of time.¶¶22
Prior proceeding
Non-implementation of the order dated 23.03.2022 led the Petitioner to file contempt application CONTC No.1173 of 2023.¶¶22
Prior proceeding
During pendency of the contempt application, the Opposite Parties passed an order under Annexure-6 dated 28.02.2023.¶¶22
Prior proceeding
By the Annexure-6 order dated 28.02.2023, the Petitioner's service was regularized on completion of 6 years as contractual employee, subject to conditions laid down in Resolution dated 17.09.2013.¶¶22
Prior proceeding
Contempt proceeding dropped vide order dated 12.07.2023.¶¶22
Prior proceeding
On the Petitioner approaching the Opposite Parties for consequential benefits, the Superintendent, VIMSAR, Odisha sought clarification from the D.M.E.T., Bhubaneswar (Opposite Party No.2) by letter dated 08.11.2024 (Annexure-8).¶¶26
Prior proceeding
In the said letter dated 08.11.2024, the Superintendent, VIMSAR, Odisha mentioned that the guideline laid down in Resolution dated 17.09.2013 has not been followed in the case of the Petitioner.¶¶26

Hara Panchabihar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Hara Panchabihar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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