Outsourced employees discharging duties for the Government are entitled to the benefit of contractual appointment as per the resolution dated 17.09.2013, despite being paid through outsourcing agencies.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioners, who are working as Data Entry Operators/Computer Supervisors in the establishment of opposite party no.2-State Transport Authority, have filed this writ petition seeking direction to the opposite parties to issue formal orders in their favour regularizing their services in the Pay Band-1- 5200-20,200+GP Rs.1900/-, as per G.A. Department Resolution dated 17.09.2013, on completion of satisfactory service as has been allowed to the similarly outsourced Data Entry Operators in various State Government Departments and other various Government Establishments with all consequential service and monetary benefits.

2. The factual matrix of the case, in brief, is that in order to introduce e-Governance system in the Road Transport Sector, Govt. of India in the Ministry of Road Transport & Highways, in exercise of their powers conferred under Sections 27, 64, 110 & 137 of the Motor Vehicle Act, 1988, amended the Central Motor Vehicle Rules, 1989 w.e.f. 31.05.2002, vide Ministry of Road Transport & Highways Notification No.GSR- 400(E) dated 31.05.2002 . The said Rules were called as the Central Motor Vehicle (Third Amendment) Rules, 2002. The said notification authorized both the State Government and Union Territories to specify their respective notification. Basing on the said notification of the Government of India, opposite party no.1 issued guidelines dated 10.08.2004 to implement the mandatory statutory provisions of Central Motor Vehicle (Third Amendment) Rules, 2002 by inviting private participation to carry out entire e-Governance system in the Road Transport Sector including various functions relating to issuance of Smart Card based driving license, registration certificates and other functions of the Transport Department in the State of Odisha. Thereafter, Govt. of Odisha-opposite party no.1 invited proposals from successful bidders vide NIT dated 15.09.2005 and finally accepted the bid of M/s. Smart Chip Limited, New Delhi-M/s Smart Chip (P) Ltd. by issuing letter of acceptance dated 01.05.2006 for implementation of the aforesaid project.

2.1. Opposite party no.1 made Registered Concession Agreement on 29.07.2006 with M/s. Smart Chip Ltd., New Delhi as the 'Concessionaire' for implementation of the specified services as defined in Schedule-II for a period of 15 years commencing from the date of agreement, i.e 29.07.2006. The tenure of the said agreement with M/s. Smart Chip Ltd. would come to an end during 2021. The agreement dated 29.07.2006 defines the term 'Govt. of Odisha Offices' to mean Regional Transport Office (RTO) and office of the Transport Commissioner, Odisha and further the 'Govt. of Odisha Receipts' has been defined to mean the moneys for issuance/renewal/amendment/ providing other services, including penalties and other incidental levies, in accordance with the Act in respect of fees for driving licence, fees for Learner Licence, fees for Registration Certificate, fees for Trade Certificate, fees for Fitness Certificate, Motor Vehicle Tax and Permit Fees.

2.2. Under Article-5 of the said agreement, the Govt. of Odisha-opposite party no.1 was to provide all reasonable assistance to the Concessionaire for procuring electrical and water connections. Under Article-6 of the agreement, the authority has been given to the Concessionaire for levying and collecting appropriate service charges from users for rendering special services in accordance with Schedule-IV of the agreement. Perusal of the agreement would reveal that the entire governmental work of the State of Odisha in respect of e-Governance of the Transport Department including Smart Card Based Driving License, Registration Certificates and other functions of the Department including collection of Govt. Fees and Receipts under the Act, as defined in the agreement, have been assigned to the said Concessionaire, namely, M/s. Smart Chip Ltd., New Delhi. On behalf of State of Odisha-opposite party no.1, the Principal Se