Natural justice principles require that cancellation of regularization without due process is impermissible, ensuring fair treatment for contractual employees seeking regular status after prolonged service.

JUDGMENT :

Biraja Prasanna Satapathy J.

1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel appearing for the parties.

3. The present Writ Petition has been filed inter alia challenging order dt.11.01.2021 so issued under Annexure-11' basing on the letter issued by the Government-Opp. Party No.1 on 06.01.2021 under Annexure-12.

4. It is contended that pursuant to the Advertisement issued under Annexure-1 by Opp.Party No.2' Petitioner after coming out successful in the interview' was selected and appointed as a Staff Nurse on contractual basis vide order dt.14.11.2011 under Anenxure-2. It is contended that Petitioner was so appointed basing on the decision taken by the Government with due creation of the posts vide letter dt.25.10.2012 under Annexure-3 and proceeding of the Selection Committee held on 07.03.2013 under Annexure-4. It is further contended that in the Proceeding of the meeting under Anenxure-4' it was clearly observed that provisions of ORV Act has been followed' while recommending the names of selected candidates for their appointment against the post so advertised under Annexure-1.

4.1. It is contended that while so continuing as a contractual Staff Nurse in the establishment of Opp. Party No.2 pursuant to order dt.14.11.2011 under Anenxure-2' basing on the G.A. Department Resolution issued on 17.09.2013 under Annexure-7 and the decision taken by the high power Committee in its proceeding dt.29.06.2020 under Annexure-9' Petitioner vide Office order dt.19.08.2020 under Annexure-10 was regularised as a Staff Nurse in the establishment of Opp. Party No.2.

4.2. However' subsequent to such extension of the benefit of regularisation vide order under Annexure-10 and consequential joining of the Petitioner in the regular establishment' benefit of order under Annexure-10' was cancelled vide the impugned order dt.11.01.2021 under Annexure-11' basing on the letter issued by the Government-Opp. party No.1 on 06.01.2021 under Anenxure-12.

4.3. Learned counsel appearing for the Petitioner contended that since Petitioner was engaged as a Contractual Staff Nurse in the establishment of Opp. Party No.2 vide order dt.14.11.2011 and she was allowed to continue without any break' in view of the resolution issued by the G.A.& P.G Department on 17.09.2013 under Annexure-17 and subsequent resolution issued on 14.01.2014' Petitioner became eligible and entitled to get the benefit of regularisation after continuing as a contractual employee for a period extending more than 6 years.

4.4. It is contended that such claim of the Petitioner in the light of the resolution issued by the G.A. Department was recommended by the High Power Committee in its proceeding dt.29.06.2020 under Annexure-9 and in the said proceeding' Petitioner was recommended to get the benefit of regularisation w.e.f 23.11.2017' her initial date of joining being 23.11.2011. Recommendation of the Committee was accepted by extending the benefit of regularisation vide Order dt.19.08.2020' under Annexure-10.

4.5. However' such benefit was cancelled vide the impugned order dt.11.01.2021 under Annexure-11 basing on the letter issued under Annexure-12. It is contended that since there is no dispute that Petitioner is continuing all through as a Contractual Staff Nurse w.e.f 23.11.2011 in terms of the order of engagement issued under Annexure-2' the same could not have been cancelled after extending the benefit vide order under Annexure-10 basing on the decision taken by the High Power Committee in its proceeding dt.29.06.2020 under Annexure-9' vide the impugned order under Annexure-11 relying on Annexure-12 and that too without following the principle of natural justice. It is accordingly contended that the impug