The court emphasized that long uninterrupted service in governmental roles, despite initial irregular appointments, warrants consideration for regularization in accordance with established legal precedents.

JUDGMENT :

R.K. Pattanaik, J.

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.

2. The writ petitions are filed by the petitioners seeking regularization of their services as Assistant Software Engineers in Home (Election) Department, Government of Odisha in the scale of pay of Rs. 9,300/- to Rs. 34, 800/- with grade pay of Rs. 4,200/- w.e.f. 2^nd June, 2014 on the date completing six years ofservice with consequential benefits in view of the resolution dated 15^th February, 2014 of the GA Department with such decision within the stipulated period and in the same manner, as has been allowed in respect of contractual IT personnel in various Government Departments and Establishments in terms of Annexure-1 series and as per the law laid down by the Apex Court in Secretary, State of Karnataka Vrs. Uma Devi (3) and others (2006) 4 SCC 1 and State of Karnataka and others Vrs. M.L. Kesari and others (2010)9 SCC 247 besides a decision of this Court dated 7^th August, 2020 in W.P.(C) No.17937 of 2020 and further to direct not to dispense with their services till the decision is taken in that regard.

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 1^st 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 Card Project. It is further stated that in view of such selection, the petitioners continued in service in the manner allowed and in the meanwhile, on 23^rd May, 2008, the Department created six Assistant Software Engineer posts on contractual remuneration of Rs. 12,000/- as per Annexure-2 with the concurrence of the Finance Department, Government of Odisha and in that connection, on 28^th May, 2008, the Chief Electoral Officer, Odisha published an advertisement in a local Daily ‘Samaj’ and ‘New Indian Express’ for a walk-in interview to fill up the said posts inviting candidates having MCA qualification with minimum three years of experience in election related IT work under the SLA Project. Upon such advertisement, as per Annexure-3, the selection Committee held interview of 22 candidates including the petitioners on 31^st May, 2008 and prepared a select list of six candidates. The proceedings of the meeting of the Selection Committee held on the said date is at Annexure-4, as per which, the petitioners found suitable for engagement as Assistant Software Engineers on contractual basis in the order of merit mentioned therein. Later to the above selection, according to the petitioners, all of them joined as Assistant Software Engineers in Home (Election) Department on 2^nd June, 2008. It is further pleaded that in the meantime, the Election Commission of India issued policy guidelines as per Annexure-7 for standardization of ERMS and creation of National Data Base of Electoral Roll and schedule for pre- revision activities indicating therein, the State of Odisha to have been placed in the category of ‘Large State’ with the need and requirement of specified manpower. In the meanwhile, as per the petitioners, the Government of Odish