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2019 Supreme(Ori) 556
IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R. Sarangi, J.
Satyanarayan Sahu – Appellant
Versus
State of Odisha and Ors. – Respondents
W.P.(C) No. 1286 of 2015
Decided On : 17-07-2019
The judgment in Secretary State of Karnataka and others vrs. Umadevi and others, (2006) 4 SCC 1, regarding regularization of services after a certain period of contractual employment.
Headnote:
Regularization - Employment - The court directed the opposite parties to consider the case of the petitioner and regularize his services in view of the judgment in Secretary State of Karnataka and others vrs. Umadevi and others, (2006) 4 SCC 1.
Fact of the Case:
The petitioner sought direction to be absorbed on regular establishment as a driver after serving on a contractual basis for more than 20 years.
Finding of the Court:
The court found that the petitioner's case was covered by the ratio decided in Secretary State of Karnataka and others vrs. Umadevi and others, (2006) 4 SCC 1, and directed the opposite parties to consider and regularize his services within four months.
Issues: Regularization of employment after serving on a contractual basis for more than 20 years.
Ratio Decidendi: The judgment in Secretary State of Karnataka and others vrs. Umadevi and others, (2006) 4 SCC 1, influenced the court's decision to direct the regularization of the petitioner's services.
Final Decision: The court disposed of the writ petition by directing the opposite parties to consider the petitioner's case and regularize his services within four months.
ORDER :
B.R. Sarangi, J.
1. Heard Mr. T. Panigrahi, learned counsel for the petitioner and Mr. S. Mishra, Learned Additional Government Advocate.
2. The petitioner has filed his application seeking for a direction to the opposite parties to absorb him on regular establishment in Class-D post as a driver of DRDA, Chatrapur continuing his loan span of service since the year 1997.
3. Mr. T. Panigrahi, learned counsel for the petitioner submits that the petitioner was engaged as a driver on contractual basis in DRDA, Chatrapur in the year 1997. He has already rendered more than twenty years of service under the opposite parties and seeks for regularization of service in view of judgment passed by the apex Court in Secretary, State of Karnataka, and others vrs. Umadevi and others, (2006) 4 SCC 1.
4. Considering the contentions raised by the learned counsel for the parties and after going through the records, it appears that the petitioner has rendered service for more than 20 years on contractual basis. Therefore the case of the petitioner is squarely covered by he ratio decided in Secretary State of Karnataka and others (supra).
5. In that view of the matter, this Court disposes of this writ petition directing the opposite parties to consider the case of the petitioner and regularize his services keeping in view of the judgment in Secretary State of Karnataka and others Vrs. Umadevi and others, (2006) 4 SCC 1 within a period of four months and grand consequential service benefits as due admissible to him.
6. Urgent certified copy of this order be granted on proper application.
