The main legal point established in the judgment is the applicability of the principles of regularization of service as established in various judgments, including Umadevi, M.L. Kesari, Nihal Singh, Nakula Naik, Rajendra Kumar Nayak, Ranjeet Kumar Das, and State of Jammu and Kashmir v. District Bar Association, Bandipora, to the case at hand, leading to the direction for the regularization of the petitioner's service as a Barber.

JUDGMENT

B.R. Sarangi, J. - The petitioner, by way of this writ petition, seeks direction to the opposite parties to regularize his service as Barber in the office of the Superintendent of Police, Jajpur with all consequential service and financial benefits taking into consideration his past service rendered in the said post.

2. The factual matrix of the case, in brief, is that the petitioner, by following due procedure of selection, was appointed as a Home Guard pursuant to appointment order issued on 01.10.1997 and undergone training from 25.12.1998 to 31.01.1999. After completion of training, certain posts including the post of Barber was created by the Government vide order dated 28.06.1999 in the scale of pay of Rs.2550- 3200/-. By virtue of the Government order dated 28.06.1999, the petitioner submitted representation to the Superintendent of Police, Jajpur with a prayer to absorb him in the said post. Accordingly, Superintendent of Police, Jajpur, vide letter dated 19.11.1999, sought permission from the D.I.G. of Police (Administration), Orissa, Cuttack to fill up the post of regular Barber, as the police personnel at the district headquarters were facing considerable difficulties.

2.1 Subsequently, the Superintendent of Police, Jajpur, on 24.12.1999, also moved the D.I.G. of Police (Administration), Orissa, Cuttack to appoint the petitioner against the post of Barber, as he had been performing the duties of Barber since 1993 with utmost sincerity. As there was no response, Superintendent of Police, Jajpur again, vide letter dated 27.12.1999, moved the D.I.G. of Police (Administration), Orissa, Cuttack seeking permission to fill up the post of Barber in the district. When the matter stood thus, the State Government issued an order on 09.02.2000 to the Superintendent of Police, Jajpur to fill up the post of Barber after the election process is over. Thereafter, on 12.06.2000, the petitioner was appointed as Barber on ad hoc basis for 89 days, pursuant to which he joined as Barber and continued till 21.08.2002 on daily wage basis, which is evident from the certificate issued by the Superintendent of Police, Jajpur on 18.08.2014. By the time the petitioner approached the tribunal, he had already completed 16 years of service on daily wage basis. Needless to say, the initial appointment of the petitioner was Home Guard, but due to regular vacancy available in the post of Barber, he was allowed to continue against the said post on daily wage basis and, as such, the said post was duly sanctioned by the authority. Consequentially, the petitioner submitted a representation, which was forwarded by the I.G. of Police, Central Range, Cuttack to Government on 16.08.2010 for his appointment on permanent basis. But the same has remained unattended to till date. Though in the meantime the State Government has taken a decision for regularization of contractual Group-C and Group-D employees after completion of six years of service, the petitioner having continued for more than 16 years, by the time the original application was filed before the tribunal, as Home Guard on ad hoc daily wage basis, his service has not been regularized.

3. Hence, seeking the above relief the petitioner filed O.A. No. 2818 (C) of 2014 before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack, but on abolition of the same, the said O.A. was transferred to this Court, in pursuance of order dated 03.12.2019 passed in W.P.(C) No. 22335 of 2019 by a Division Bench of this Court, and registered as above and taken up for hearing.

4. Mr. K.K. Swain, learned counsel for the petitioner contended that the petitioner had been duly selected for the post of Home Guard pursuant to which he joined in the said post and undergone training. Due to creation of some posts, including the post of Barber, he represented for regular absorption in the said post. But, instead of absorbing him in the said post, he was permitted to discharge the duties of Barber against a sanctioned