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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Sushil Kumar Kar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. claim for regularization based on continuous service. (Para 4 , 5) |
| 2. counterarguments based on compliance with recruitment rules. (Para 6 , 7) |
| 3. court's decision requiring reconsideration for regularization. (Para 8) |
JUDGMENT :
1. This matter is taken up through Hybrid Mode.
3. Since the present batch of Writ Petitions involve a common issue, all the Writ Petitions were heard analogously and disposed of by the present common order.
Under the circumstances, this Hon’ble Court may be graciously pleased to issue rule NISI calling upon the Opp. parties to show cause as to why the Writ of Mandamus or any other appropriate writ/writs shall not be issued directing the Opposite Parties to extend the benefit of regularising the services of the Petitioners as Accountant with effect from the date(s) they have completed six years of service as per the policy decision of the Government under Annexures- 6,7 & 8 as has been done by the Panchayatiraj Department and Electronics and Information Technology Department under (Annexures-9,10 & 15 series) and pay them all their service and financial benefits as a regular employee retrospectively;
And further be pleased to pass any other ord
The court affirmed that employees engaged long-term on contract are entitled to regularization, emphasizing fair employment rights and the need for governmental compliance with established norms and ....
The court ruled that employees engaged continuously for over ten years are entitled to regularization, regardless of irregular appointment status, reaffirming precedents from the Supreme Court highli....
The court affirmed the obligations of the State to regularize long-serving employees in essential roles, emphasizing fair employment practices and adherence to constitutional provisions.
The government has a duty to regularize long-serving irregular employees due to established legal principles mandating regularization for those meeting certain criteria, thereby ensuring job security....
Appointments made under prior rules and continuous service warrant regularization despite new regulations, reaffirming principles of equity and fairness in public employment.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
Workers with perennial roles must be recognized for regularization without exploiting temporary classifications, aligning with constitutional obligations of fair treatment under employment law.
The regularization of long-serving contractual employees is mandated when their roles are inherently permanent, ensuring compliance with employment laws and protections against exploitation.
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