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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Idris Ali Khan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioners seek regularization of services. (Para 1 , 2) |
| 2. details of employment and assignments of petitioners. (Para 3 , 4) |
| 3. state opposes regularization, citing temporary status. (Para 5 , 6) |
| 4. arguments from both parties regarding regularization. (Para 7 , 8 , 9 , 10) |
| 5. legal precedents regarding regularization considered. (Para 11 , 12) |
| 6. discussion on the implications of long service and legality. (Para 13 , 14 , 15 , 16 , 17) |
| 7. court’s consideration of petitioners' continuous service. (Para 18 , 19) |
| 8. court orders regularization process to be initiated. (Para 20) |
JUDGMENT :
1. Though separately heard, both the writ petitions are clubbed together since identical question is involved for determination, hence, are disposed of by the following common judgment.
3. As per the pleadings on record, the petitioners in W.P.(C) No. 20965 of 2020 were selected and employed as the Junior Programmers under a project and their services were extended from time to time till 1st July, 2004 and thereafter, shown to have been engaged under a Chartered Accountant. Such appointments have been in terms of Annexure-1with engagement of the petitioners under Election Photo Identity
The court emphasized that long uninterrupted service in governmental roles, despite initial irregular appointments, warrants consideration for regularization in accordance with established legal prec....
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Employment and Service matter - Regularization of service - Absence of any strong justification assigned by respondents, for not regularizing service of petitioner, case of petitioner also needs cons....
The court emphasized the need for regularization of employees appointed irregularly but possessing the prescribed qualifications and working against sanctioned posts, in line with previous judgments.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
In cases of long, continuous service, employees serving in irregular capacities may be regularized despite initial procedural discrepancies, especially in the absence of valid recruitment processes.
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
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