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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Manas Ranjan Samal (since dead) through his LRs and – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ applications involve common facts. (Para 1 , 2 , 3) |
| 2. petitioners engaged as junior engineers on contract. (Para 4) |
| 3. state counters petitioners' claims stating contractual nature. (Para 5 , 6) |
| 4. arguments presented by petitioners and the state. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. court analyzes contracts and undertakings. (Para 13 , 14 , 15 , 16) |
| 6. court's interpretation of the nature of employment. (Para 17 , 18 , 19) |
| 7. court finds precedents support petitioners' claims. (Para 20 , 21 , 22) |
| 8. court rejects estoppel based on power imbalance. (Para 23 , 24 , 25 , 26) |
| 9. recognized repetitive tasks indicate regular employment. (Para 27 , 28) |
| 10. writ petitions allowed; services regularized. (Para 29) |
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 fo
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 righ....
Continuous and necessary service by contractual employees requires consideration for regularization, transcending mere contractual limitations, provided sanctioned posts exist.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Continuous long service in essential roles grants employees the right to regularization despite initial contractual labels, promoting equity in employment practices.
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