Long-term temporary employment in a sanctioned post qualifies employees for regularization when no lawful recruitment process is conducted, affirming their rights and job security.

JUDGMENT :

Biraja Prasanna Satapathy, J

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. Petitioner has filed the present Writ Petition inter alia challenging office order dtd.22.10.2021 so issued by the Government-Opposite Party No.1 under Annexure-8. Vide the said order, claim of the Petitioner to get the benefit of regularization has been rejected.

4. It is the case of the Petitioner that Petitioner was engaged as a Peon on ad hoc basis with spell of 44 days starting from April 1992. Even though he was allowed to continue as such on ad hoc basis and was not regularized, Petitioner approached the Tribunal initially by filing O.A. No.672(C) of 2000. The Tribunal vide order dtd.23.02.2000 while disposing the O.A passed the following order:-

"Heard. Taken up on mention. The applicant is working as a peon (apparently on ad hoc ma capacity as seen from his appointment orders) in spells of 44 days starting from April 1992. In this original application he has prayed for regularization of his service with effect from 1.10.97 since from that date he is working against a retirement vacancy. The applicant has not been appointed following a regular selection.

The original application is therefore, disposed of with the direction that the post which he is holding shall not be filled up by another candidate on ad hoc basis and when steps are taken to fill it up in regular manner the applicant shall be allowed to take part in the selection along with other eligible persons and having regard to the fact that his services have been utilized in ad hoc capacity for a long period of seven years, his upper age limit be relaxed to facilitate his participation.

Original application is disposed of."

4.1. It is contended on the face of such order passed by the Tribunal, the post in question was never filled up by following due procedure of law and Petitioner was allowed to continue on ad hoc basis all through.

4.2. It is contended that since no such step was taken to fill up the post by conducting due recruitment in terms of the order passed by the Tribunal under Annexure-1 and Petitioner was allowed to continue on ad hoc basis all though staring from April 1992, Petitioner again approached the Tribunal by filing O.A. No.1133(C) of 2002, seeking regularization of his services.

4.3. It is contended that the Tribunal vide order dtd.26.07.2018 while disposing the matter issued the following direction so contained in Para-5:-

"5. In view of the fact that the applicant is working in the vacant sanctioned post of Peon at Mahanga Block for last more than 11 years by the time Annx.6 dt.8.7.2013 was issued and in view of the fact that there is no regular recruitment for filling up the post of Peon in Mahanga Block during these periods, the O.A. is disposed of by directing the Respd. Nos. 1 & 2 to take a decision in the matter of regularization of the service of the applicant, keeping in view Annx.6 & 7 within a period of three months from the date of receipt of a copy of this order and convey the result thereof to the applicant".

4.4. It is contended that the order passed by the Tribunal when was not implemented and the Tribunal got abolished, Petitioner approached this Court by filing W.P.(C) No.1252 of 2020. This Court vide order dtd.20.01.2020 under Annexure-7, directed Opposite Party No.1 to implement the order passed by the Tribunal on dtd.26.07.2018 in O.A. No.1133(C) of 2002.

4.5. It is contended that without proper appreciation of the Petitioner’s claim and his continuance on ad hoc basis w.e.f. April 1992, claim of the Petitioner was rejected vide the impugned order dtd.22.10.2021 under Annexure-8.

4.6. Learned Senior Counsel appearing for the Petitioner conten