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IN THE HIGH COURT OF ORISSA AT CUTTACK
Biraja Prasanna Satapathy
Dibyajyoti Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenging termination and seeking regularization. (Para 4) |
| 2. arguments regarding eligibility for regularization. (Para 5 , 6) |
| 3. decision to regularize based on shows of equity. (Para 7) |
ORDER :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. The present Writ Petition has been filed inter alia with the following prayer:-
“Under the above circumstances, it is therefore humbly prayed that the Hon’ble Court be graciously pleased to quash the order of termination dtd.31.05.1995 or declare it to be invalid and further be pleased to direct the Opposite Parties to regularize the service of the petitioner from his initial date of joining and that has been done in case of other and to grant him all consequential service and financial benefits including promotions to the next higher ranks as it has been extended to the similarly situated persons from time to time.”
4. It is contended that vide order dated 22.01.1992 under Annexure-2, petitioner was appointed as Assistant Engineer (Mechanical) in the NMR establishment of Odisha Construction Corporation Limited (In short “Corp
Long continuance in service mandates regularization, especially when similar cases have been regularized under court direction.
An employee's continuous service is recognized once a termination is set aside, impacting their eligibility for regularization despite initial appointment irregularities.
The court confirms that similarly situated individuals must receive equal treatment per Article 14 of the Constitution.
Point of law : Petitioner herein did not put in 10 years of service under the respondent herein at any point of time. While that being so, the impugned order, placing reliance on G.O.Ms.No.22 and G.O....
Employee claims for pension must be considered in light of prior judicial rulings on regularization, asserting rights after prolonged service without due process.
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
An employee who has been wrongfully terminated from service and subsequently reinstated by a court order is entitled to regularization of his services under G.O.Ms.No.212, dated 22.04.1994, if he has....
The acceptance of a regularization condition precludes the claim for retrospective appointment.
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