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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Arati Kumari Rout – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for regularization. (Para 1 , 2 , 3) |
| 2. court reviews submissions and affidavits. (Para 4 , 5) |
| 3. arguments regarding reservation for women. (Para 6 , 11) |
| 4. evaluation of regularization process. (Para 7 , 8) |
| 5. preferred eligibility for regularization. (Para 9 , 10) |
| 6. court's conclusion on regularization rights. (Para 12 , 13) |
| 7. writ petition allowed; orders for regularization. (Para 14 , 15 , 16) |
JUDGMENT :
1. Instant writ petition is filed by the petitioner assailing the impugned orders as at Annexures-8 & 12 and for a direction declaring the order of regularization as per Annexure-6 to be valid and in accordance with the orders/instructions of the State Government at Annexures-5 & 9 series thereby extending her all such financial and service benefits including deductions from the monthly salary towards GIS subscription in terms of Annexure-7 series and to pass such other orders as deemed just and proper.
3. A counter affidavit is filed by opposite party Nos. 1 to 4 and the same is perused and it is pleaded therein that the petitioner has approached once again with a similar relief as in W.P.(C) No. 3771 of 2021. It is pleaded that considering the
Reservation rules apply to regular appointments, entitling candidates to claim reserved positions despite prior engagement as temporary staff.
The court does not have the power to direct regularization and/or absorption in service unless the recruitment itself was made regularly and in terms of the constitutional scheme. The petitioner fail....
Long-serving work charged employees have a right to regularization and pensionary benefits, and the government cannot deny these rights after decades of service based on claims of irregular appointme....
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
Employees sponsored through Employment Exchange are entitled to regularization based on continuous service despite lack of formal orders; prior case law supports entitlement to pension and benefits.
The right to regularization under the Rules of 2016 is based on continuous engagement prior to the cut-off date and possession of requisite qualifications, regardless of initial appointment validity.
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
The court established that daily-wage employees engaged before the cut-off date are entitled to regularization under the Rules of 2016, regardless of initial appointment irregularities.
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