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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, C.J., MURAHARI SRI RAMAN
State of Odisha, Represented through, The Principal Secretary to Government Housing and Urban Development Department – Appellant
Versus
RADHA KRISNA DASH – Respondent
| Table of Content |
|---|
| 1. factual background of the respondent's employment. (Para 1 , 2) |
| 2. court's observations on fairness and the need for regularization. (Para 3 , 7) |
| 3. arguments presented regarding regularization of service. (Para 5) |
| 4. court's reflections on equality and treatment of similarly situated persons. (Para 8) |
| 5. the importance of adherence to established legal principles in employment regularization. (Para 10) |
| 6. conclusion and directions for compliance by authorities. (Para 11 , 12) |
JUDGMENT :
MURAHARI SRI RAMAN, J.
The mighty State-Municipal Administration has preferred this appeal questioning propriety of the decision taken by a learned Single Judge of this Court vide Judgment dated 29.10.2024 delivered in W.P.(C) No.16335 of 2018 apparently in order to thwart extension of pensionary benefits to the respondent, who worked in the Cuttack Municipal Corporation since 1990 on daily wage basis till his absorption in service with effect from 14.08.2015 instead of initial date of engagement, i.e., 01.11.1990, ignoring to acknowledge his yeomen service rendered to the Organisation for more than 25 years.
1.1. This intra-Court appeal is directed against the Judgement dated 29.10.2024
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Long-serving casual employees (25+ years) in perennial roles entitled to regularization despite irregular initial engagement, with parity to similarly regularized peers; CAT has jurisdiction; violate....
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
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