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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Niranjan Nayak – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant : Saswati Mohapatra
For the Respondent: H.K. Panigrahi

Table of Content
1. factual background of the petitioner's service and appointment (Para 2 , 3 , 4 , 5)
2. petitioner's right to regularization compared to similarly situated persons (Para 6 , 7 , 8)
3. court's analysis on regularization of temporary employees under legal precedents (Para 9 , 10 , 11 , 12 , 13)
4. court's order for regularization of the petitioner's appointment (Para 14 , 15)

ORDER :

2. The present petition has been filed assailing the order dated 06.11.2015 passed by the Opposite Party No.3, inter-alia, treating the Petitioner as contractual employee and thereby, to discontinue the operation of GPF account. The Petition calls into question the action of Opposite Parties in not regularising the post of the Petitioner even though similarly situated persons have been extended the aforesaid benefit.

3. Shorn of unnecessary details, the substratum of matter presented before this court remain that the Petitioner was appointed in the year 1993 against a sanctioned vacancy of Peon on ad-hoc basis for a period of 44 days with the scale of pay of Rs.750-12-870/-. He was appointed as Peon against the vacancy which had arisen due to promotion of one Lushee Murmu the post of Daftary.

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