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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Litun Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. service regularization based on initial appointments. (Para 1) |
| 2. arguments on validity of appointment and regularization. (Para 2 , 3) |
| 3. competence of authority and appointment process. (Para 4) |
JUDGMENT :
DIXIT KRISHNA SHRIPAD, J.
1. Petitioners are knocking at the doors of Writ Court essentially for a direction to the OP-University and to its officials to regularize their services or absorb them in regular service with effect from the dates of their initial engagement. All they participated in a walk-in-interview, pursuant to advertisement dated 10.12.2012 at Annexure-1. That was held on 08.01.2013 on the instructions of the Vice-Chancellor. The Director of DDCE (Directorate of Distance and Continuing Education) prepared the select list on 15.01.2013 and name of the petitioners figured therein. Petitioner-Ms. Mitali Sahoo was selected as Librarian and other two petitioners were selected as Junior Executive. This document or its content is not disputed.
2. Learned counsel for the petitioners vehemently argues that his clients, having been duly appointed on the authority of the Vice-Chancellor after due selection, have been serving the University uninterruptedly and
Prolonged service in essential roles transforms temporary positions into regular ones, necessitating regularization, despite initial stipulations against it.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents petitioners on its own and as a model e....
The main legal point established in the judgment is the entitlement to regularization and equal pay for employees who have completed five years of continuous service, as per the Dhrubananda Mishra ju....
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
Long-term temporary employees, transferred to a new university, have a valid claim for regularization due to lack of illegal engagement and existing vacancies.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
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