Outsourced employees discharging duties and responsibilities for the government, of the government, and by the government are entitled to the benefits of contractual appointment and regularization as per the applicable resolution or rules.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner in W.P.(C) No.16906 of 2020 seeks the following relief:-

'i) direct the opp. Party no.2 to issue a formal order regularizing her services as Data Entry Operator in the establishment of Local Fund Audit Organisation under opp. Party no.2 with effect from 17.09.2013 in the scale of pay PB-1- 5200-20200/- + GP Rs.1900/- with usual allowances admissible from time to time as per GA Department Resolution dt.17.09.2013 (Annexure-12 on her completing six years of satisfactory service as Data Entry Operators as 01.03.2013 and in the same manner as has been allowed to similarly situated outsourced contractual Data Entry Operators in various State Government Departments and other various Govt. establishments with all consequential service and monetary benefits vide Annexure-14 series, 18, 21, 22 an d23 with all consequential service and monetary benefits;

ii) pass such other order (s) as would be deemed fit and proper in the interest of justice and fair play'

Similarly, the petitioners in W.P.(C) No. 18877 of 2021 seek the following relief:-

'(i) Why the action of the Opposite Parties in going to fill up the post of Data Entry Operator prior to considering the claim of the petitioners for their absorption/regularization as against the said post in the facts and circumstances of the case will not be declared as illegal; and

(ii) Why the Opposite Parties will not be directed to regularize the services of the petitioners as Data Entry Operators prior to taking any decision basing on the recommendation dated 03.06.2021 of the O.P. No.3 under Annexure-11.'

2. In both the writ petitions, the petitioners, who are working as Data Entry Operators, essentially seek for direction to issue formal order of regularization in the scale of pay of PB-1-5200-20200/- + GP Rs.1900/- with usual allowances admissible from time to time as per G.A. Department Resolution dated 17.09.2013, on completion of six years of satisfactory service, as has been allowed to similarly situated outsourced contractual Data Entry Operators in various State Government Departments and other various Government establishments, with all consequential service and monetary benefits. Thereby, both the writ petitions are similar to each other and consequentially they were heard together and are disposed of by this common judgment.

3. For just and proper adjudication of the case, the factual matrix of W.P.(C) No. 16906 of 2020 is taken into consideration.

3.1 Due to increase of workload in the undivided Local Fund Audit Organization during the financial year 2006-07 covering audit in favour about 5000 institutions, including 314 Panchayat Samities, 101 Urban Local Bodies, 9 Universities, 453 Aided colleges, 2199 Aided High Schools, 398 Endowments and other institutions, including B.Sc., CHSE (208 Schools and +2 Colleges) and 6234 Gram Panchayats, a proposal was moved by the Government in Finance Department for computerization of all the Audit Offices for their efficiency by abolition of all the existing base level ministerial posts and vacancies with consequential creation of 60 Data Entry Operators. Finally, the proposal was approved by the then Finance Minister on 01.06.2006 with creation of 30 Data Entry Operators at a consolidated amount of Rs.4000/- per month on contractual basis. Accordingly, the Finance Department requested one outsourcing agency, M/s Mind Mart, vide letter dated 15.02.2007, to provide suitable 20 numbers of Data Entry Operators to be engaged in different offices of Local Fund Audit organization. The minimum educational qualification for Data Entry Operators, as prescribed by the opposite party no.1, was Graduate in any discipline with PGDCA and having a typing speed of 40 words per minute in English and well conversant with Computer and essential knowledge in MS Office, Internet and Lan functioning and should not be below 18 years and above 40 years of age. Pursuant thereto, the service provider M/s. Mind Mart conducted selec