Long-term contractual employees performing essential work are entitled to regularization despite prior undertakings barring such claims, as continuous service establishes the need for employment rights.

JUDGMENT :

SASHIKANTA MISHRA, J.

All these writ applications involve common facts and law and being heard together, are disposed of by this common judgment.

2. For brevity, the facts of W.P.(C) No. 7661 of 2020 are being referred to in this judgment.

3. The petitioners, 16 in numbers, have filed this writ application seeking the following relief:

“It is therefore, most humbly prayed that this Hon’ble Court be graciously pleased to

(i) Admit the writ application.

(ii) Call for the record.

(iii) Issue Rule Nisi calling upon the opposite parties to show cause as to why the order dated 25.11.2019 under Annexure-11 and 31.12.2019 under Annexure-12 shall not be quashed being illegal and arbitrary.

(iv) If the opposite parties do not show cause or show insufficient cause issue a writ in the nature of certiorari or any other appropriate writ/writs, order/writs, direction/directions quashing the letter dated 25.11.2019 under Annexure-11 and31.12.2019 under Annexure-12.

(v) Issue a writ in the nature of mandamus or any other writ/writs direction/directions directing the opposite parties to regularize the services of the petitioners from the initial date of appointment and grant consequential service and financial benefit with retrospective effect as and when they complete six years of regular service as Junior Engineer (Mechanical) or contractual basis.

(vi) And/or pass such other order/orders, direction/directions as this Hon’ble Court may deems fit and proper for the ends of justice.

And for the said act of kindness, the petitioner as in duty bound shall ever pray.”

Be it noted that the original petitioner No.1- Manas Ranjan Samal, having died during pendency of this case, has been substituted by his legal representatives. Petitioner No.6-Manas Ranjan Mohanty has retired during pendency of this writ application. Petitioner No.16- Gopabandhu Boitai was disengaged from service also during pendency of this writ application.

FACTS

4. An advertisement was issued on 09.11.2011 by the opposite party No.2 –Orissa Lift Irrigation Corporation Ltd. (OLIC) inviting applications from intending candidates to fill up different posts under Biju Krushak Vikas Yojana Deep Bore Well Secha Karyakrama (BKVY-DBSK) on contractual basis though a walk-in-interview. Twenty posts of Junior Engineer (Mechanical) were notified carrying consolidated remuneration of Rs.9300/-. The petitioners appeared in the interview held on 19.11.2011 whereafter, a list containing 87 candidates was prepared. Consequently, the petitioners were offered appointment as per letter dated 14.12.2011 followed by individual letters of posting issued on different dates.

4.1 It was mentioned in the letter of engagement that the engagement is purely for the purpose of Project Management Unit (PMU) for Deep Bore Well Secha Karyakrama and has no relationship with regular establishment of OLIC. Further, the offer was said to be valid for a period of one year from the date of joining based on the terms of contract. The engagement of the petitioners was extended for a period of one year from time to time. On 05.02.2018, the petitioners, having completed 8 years of service in their respective posts submitted representation before the opposite party No.2 with prayer for regularization of their servic