The main legal point established in the judgment is that the government's action of cancelling the antedating regularization was arbitrary, discriminatory, and violated the principles of natural justice and promissory estoppel.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioners, who are working as Multipurpose Health Worker (Male), have filed this writ petition seeking to quash the order dated 27.11.2020 under Annexure-14, whereby the orders antedating the regularization of the petitioners have been cancelled in pursuance of the orders passed by the Odisha Administrative Tribunal in different Original Applications.

2. The factual matrix of the case, in hand, is that an advertisement was issued in the year 2006 by the Chief District Medical Officer (C.D.M.O.), Nayagarh vide Annexure-1 for engagement of contractual daily wage staff under the Health and Family Welfare (H&FW) Department in Nayagarh district in different posts, which includes the post of Multipurpose Health Worker (Male) [for short 'MPHW (M)']. It was stipulated in the advertisement that the candidates must have passed HSC examination, besides other conditions, such as, the candidates of Nayagarh district would be given preference for appointment and such appointment would be purely temporary and may be terminated at anytime without assigning any reason thereof. The selected candidates were to submit an undertaking to the effect that they would not claim any government post/regular appointment in future and the candidates appointed on contractual basis would not claim for inter-district transfer. Name of the post applied for must be written on the top of the envelope and the applications with the requisite documents must reach the office of CDMO, Nayagarh on or before 08.08.2005 by registered/speed post only. Incomplete applications and those received after due date or by means other than by registered/speed post would be summarily rejected. The application would be accompanied with attested copies of HSC certificate or its equivalent examination with mark sheet, diploma in nursing and midwifery certificate, any other educational qualification certificate and experience certificate, if any. In the advertisement it was also clearly mentioned that there were 65 vacancies in the post of MPHW (M) and the same would be filled up as per the ORV Act (80 point roster).

2.1 Pursuant to such advertisement, the petitioners along with others applied for the post of MPHW (M). By following due process of selection, the selection committee recommended vide order no.946 dated 18.02.2006 for their engagement on contractual basis and consequentially the petitioners were posted as per the stations mentioned in their engagement orders vide Annexure-2 series. At the time of initial engagement of the petitioners on contractual basis, regular process of selection was followed along with all other formalities, such as, advertisement, ORV Act etc. The petitioners were engaged as MPHW (M) on contractual basis against the regular sanctioned vacant posts, as per the decision of the government, like other paramedical posts, such as, Pharmacist, Staff Nurse, Lab Technician, Radiographer etc. As such, the posts against which the petitioners were engaged on contractual basis are sanctioned paramedical posts, in view of the letter of the government dated 09.06.2005 under Annexure-3. After their engagement on contractual basis, the petitioners have been discharging their duties continuously and in the meantime have completed more than 15 years. Therefore, otherwise also they should have been absorbed on regular basis on completion of six years of service, as their counterpart paramedical staff holding the posts of Pharmacist, Staff Nurse, Lab Technician, Radiographer etc., who were recruited along with the petitioners, have been regularly absorbed on completion of six years. Such discriminatory action of the opposite parties violates Articles 14 and 16 of the Constitution of India.

2.2 Opposite party no.3 regularized the services of the petitioners along with others w.e.f. 18.09.2013 as per order communicated vide memo no. 2785 dated 20.06.2014 on the basis of G.A. Department resolution dated 17.09.2013. Even though they had com