Engagement during Covid-19 was temporary and contractual, and the petitioners were bound by the terms and conditions of their engagement. They had no right to claim regularization.

JUDGMENT

Biswanath Rath, J. - This writ petition involves a challenge to the letter dated 22.12.2020 with further prayer as to why the petitioners will not be allowed to continue in their respective posts after 31.12.2020 and further as to why their services will not be regularized against the sanctioned post in the Government establishment.

2. Sri Pandey, learned counsel in view of the challenge involving the writ petition, taking this Court to the pleading in the writ petition as well as through Annexure-1 contended that vide Annexure-1, the Government of Odisha in Health & Family Welfare Department keeping in view of emergency requirement of deployment on account of Covid 19 pandemic creating a havoc in the State in different categories involving Staff Nurse, Pharmacists, Laboratory Technician, Radiographer, MPHW (M) and MPHE(F) vide Office order dated 23.3.2020, thereby requisitioning required number of employees belonging to different categories in the different districts with indication of their remuneration in different type and also indicating therein the detail remuneration of such employees that will be paid during their such continuance. Sri Pandey, learned counsel next contended that on the basis of decision of the Health & Family Welfare Department, entering into advertisement and after getting applications from the eligible candidates, petitioners who belong to MPHE(M), the petitioners being selected through the Walk-in-Interview were engaged temporarily. It is claimed that while these petitioners were continuing on temporary engagement, their temporary engagement having come an end their engagement has been to extended from 01.10.2020 to 31.12.2020 with one day break on 1st October, 2020. It is alleged that involving Annexure-4, a development at the instance of the Health & Family Welfare Department dated 22.12.2020, there has been a direction to all Collectors & District Magistrates, All Municipal Commissioners and all CDMO & PHOs not to retain the services of the petitioners as well as similarly situated persons all engaged through Walk-in-Interview to manage Covid- 19 institutions pursuant to the decision of the Government vide Annexure-1, but however, with an exception i.e. in the event of any District Office is in essential to retain any of the additional manpower for continuing Covid-19 related works (for operational Covid facilities and Covid testing) beyond 31.12.2020, such establishment may retain with manpower beyond 31.12.2020 but, however, not exceeding 25% of the total additional manpower currently in position in the respective districts. In challenging this order, for taking away services of the petitioners and several other situated persons, Sri Pandey learned counsel raised two prayers for consideration of this Court i.e. for their discharging a responsible duty during pandemic situation, all these petitioners should have been allowed to continue and further there should be also order for regularization of all these petitioners taking into consideration they are discharging a responsible duty in most difficult time of the State in relaxation of all requirements in the matter of regular recruitments. The second relief sought for in the writ petitions, as raised by Sri Pandey, learned counsel that while issuing letter dated 22.12.2020, even though there is a direction by the Health & Family Welfare Department to all the Collectors & District Magistrates, all Municipal Commissioners and all CDMO & PHOs to retain the manpower not exceeding 25% beyond 31.12.2020 in the event there is requirement in retention of any additional manpower but, however, State has not laid down any principle or guideline involving the manner of such retention. Advancing his submission, Sri Pandey learned counsel taking this Court to the grounds raised herein, reiterated his submission to the extent of regularisatin on the plea that these peoples have all been provided with Corona Jodha Certificates for their discharging a gre