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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Arabinda Acharya – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. common facts regarding the petitioner's contractual employment. (Para 1 , 2 , 3 , 4) |
| 2. state's argument against regularization based on engagements being project-based. (Para 5 , 6) |
| 3. petitioners' arguments for regularization with case law backing. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. overview of petitioner's engagement and related documents. (Para 13 , 14 , 15) |
| 5. nature of work is integral and recurring despite project-based label. (Para 16 , 17 , 18) |
| 6. court's legal reasoning regarding regularization based on service nature. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 7. finding that engagement must be secured under constitutional rights. (Para 26 , 27 , 28) |
| 8. court's directive for authorities to create regular posts. (Para 29 , 30) |
JUDGMENT :
1. All these writ applications involve common facts and law and, having been heard together, are disposed of by this common judgment.
3. The petitioner has filed this writ application seeking the following relief:
And pass any other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice.
FACTS
4.1 It was mentioned in the letter of engagement that the engagement was purely for the purpose of
Continuous and necessary service by contractual employees requires consideration for regularization, transcending mere contractual limitations, provided sanctioned posts exist.
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....
Longstanding service in a sanctioned post establishes right to regularization despite procedural irregularities in recruitment, supporting equitable treatment of long-term employees.
The regularization of long-serving contractual employees is mandated when their roles are inherently permanent, ensuring compliance with employment laws and protections against exploitation.
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
The court emphasized that long uninterrupted service in governmental roles, despite initial irregular appointments, warrants consideration for regularization in accordance with established legal prec....
Long-term adhoc employees have a right to regularization and benefits, as arbitrary continuation of their engagement undermines fairness and violates constitutional principles of employment.
The State's arbitrary rejection of a long-term temporary employee's regularization claim violates constitutional rights and obligations, emphasizing the need for fair employment practices under Artic....
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
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