The main legal point established in the judgment is that the regularization of contractual services should be based on the necessity of the post and the duration of the employee's service, and a policy framework may be considered for absorption based on the employee's service and the necessity of the post.

JUDGMENT :

S.K. PANIGRAHI, J.

1. The Petitioner has filed this Writ Petition challenging inaction on the part of the Opposite Parties in not passing orders for regularization of contractual services of the petitioner, though he has completed more than 6 years of service.

2. Shorn of unnecessary details, the factual matrix of the case in brief is that Mission Director NRHM, Health and Family Welfare Department vide Advertisement No. 19/2013 invited application for filling of Casualty Manager Post under National Rural Health Mission, Odisha on contractual basis subject to renewal as per Society’s norms purely based on their performance. Pursuant to the said advertisement, the petitioner applied for the post of “Casualty Manager” and followed by a due selection process and having fulfilled all eligibility criteria, he got appointed to the said post. As per the appointment order, the petitioner signed agreement on 17.07.2014 with the CDMO, Ganjam.

3. Thereafter, the NHM, Odisha decided to provide financial support for Casual Manager till March 2015. NHM Odisha further granted financial support for payment of remuneration to casualty manager up to September 2015, and stated that Casualty manager should enter fresh agreement with SBS and OSH and FW Society, and NHM Odisha will not take their liability further. Seeking approval of the post of Casualty Manager, the petitioner moved this Court vide WP (C) No. 18783 of 2015, wherein this Court directed to take decision on the representation of the petitioner within three months.

4. Pursuant to the direction of this Court, the authority decided that the casualty managers may be retained by keeping in mind the need of the expenses towards meeting their remuneration met out of interest money of RSBY/BKKY or the Users Fee after due approval of the competent authority with fresh agreement. The agreement of such engagement may be made with the SBS/ RKS. In the meantime, the patient-ratio in casualty Ward has increased and due to introduction of different welfare measures by Government and Hospitals, such as 108 ambulance Service, Janani Surakhya Express/BKKY/RSBY, the “Casualty Managers” are entrusted with the work of coordinating with different stakeholders to provide quick service in treatment of serious patient, maintenance of their record and supervise overall management of casualty section. Considering the necessity of service of the Casualty Manager, superintendent MKCG Medical College and Hospital communicated to the Principal Secretary Health and Family Welfare Department for necessary permission for continuance of Casualty Manger under Swasthya Bikash Samiti (SBS) MKCG, Berhampur, on consolidated monthly remuneration of Rs. 12,000/- per month from the Users Fund of the Hospital.

5. On getting the approval from the competent authority, from 2015 onwards, there has been agreement of engagement between the petitioner and the Swasthya Bikash Samiti (SBS) MKCG Medical College and Hospital, Berhampur. Since 2013 the petitioner has been continuing as Casualty manger in the MKCG Medical College. Considering the necessity of the post and responsibility of the management of casualty related tasks, the Superintendent of MKCG medical college and Hospital requested the Director of Medical Education and Training for creation of the said post for MKCG Medical College and Hospital. The Director of Medical Education and Training, Odisha invited reference from all the superintendents of all the medical colleges and Hospitals for a meeting on creation of post of Casualty Manger in medical colleges and Hospitals on 23.10.2017 in the office chamber of DMET.

6. Thereafter, Superintendent MKCG Medical College and Hospital furnished information pursuant to the letter dated 13.10.2017, before the director Medical Education Training discussing the necessity of the post. All the members present in the meeting convened under the chairmanship of Director Medical Education and Training, unanimously opined for creation o