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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Biranchi Narayan Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. court proceedings initiation and record keeping. (Para 1 , 2) |
| 2. hearing of similar claims concurrently. (Para 3) |
| 3. background of petitioners as nmrs without regularization. (Para 4) |
| 4. state's counterarguments against petitioners' claims. (Para 5) |
| 5. court's assessment and ruling on petitioners' status. (Para 6) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Pursuant to the order dt.28.07.2025, instruction provided by the Department vide letter dt.18.08.2025 so produced in Court be kept on record.
3. Sinc the issue involved in the present case is similar and claim of all the Petitioners for their regularisation in service was rejected vide a common order passed by the Department of Water Resources, Govt. of Odisha-Opp. Party No.1 on 09.05.2022, all the matters were heard analogously and disposed of by the present common order.
4. It is the case of the Petitioners that all the Petitioners were engaged as NMRs in the establishment of Opp. Party No.4 starting from 1995 onwards. It is also the case of the Petitioners that since their initial engagement as NMRs starting from 1995, they are continuing
The court ruled that employees engaged continuously for over ten years are entitled to regularization, regardless of irregular appointment status, reaffirming precedents from the Supreme Court highli....
Long-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
The court affirmed the obligations of the State to regularize long-serving employees in essential roles, emphasizing fair employment practices and adherence to constitutional provisions.
The government has a duty to regularize long-serving irregular employees due to established legal principles mandating regularization for those meeting certain criteria, thereby ensuring job security....
Prolonged temporary employment without regularization contravenes labor rights; employers must ensure fair and stable employment as mandated by judicial principles.
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.
Continuous and uninterrupted service of temporary employees qualifies them for regularisation, as upheld by apex court judgments emphasizing fairness in employment practices.
Workers with perennial roles must be recognized for regularization without exploiting temporary classifications, aligning with constitutional obligations of fair treatment under employment law.
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