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IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Bharat Naik – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioners seek regularization of service after prolonged employment. (Para 2 , 4 , 5 , 6 , 7) |
| 2. arguments highlight lack of regularization despite valid selection. (Para 8 , 9 , 10) |
| 3. counter arguments suggest maintainability issues and procedural compliance. (Para 11 , 12 , 13) |
| 4. court's analysis aligns petitioners' case with established precedent. (Para 14 , 15 , 16) |
| 5. court's decision directs regularization and quashing of rejection. (Para 17 , 18) |
JUDGMENT :
A.K. Mohapatra, J.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. By filing the present writ application the petitioners have approached this Court for the second time with a prayer for a regularization of their service. The petitioners who are working as sweeper uninterruptedly for almost two decades under the administrative control the Superintendent SVPPGIP (Sishu Bhawan), Cuttack have prayed for quashing of the impugned order under Annexure-18 and to issue a writ of mandamus directing the Opposite Party No.2 to regularize the service of the petitioner w.e.f. the date of completion of six years of service as sweepers under the administrative control of Opposite Party
Long-term casual employees performing perennial duties should be regularized despite administrative inertia, ensuring adherence to employment principles established in earlier legal precedents.
Long-serving employees engaged under judicial orders are entitled to regularisation despite initial irregularities, emphasizing fairness and continuous service.
Long and uninterrupted service under judicial protection legitimizes claims for regularization in public employment, irrespective of initial engagement irregularities.
The High Court directed the regularization of long-serving employees based on the principles established in Umadevi's case, emphasizing the need for lawful government discretion in employment matters....
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.
Long-term service and performance of duties similar to regular employees justify the regularization of daily wage workers, regardless of initial irregular appointment procedures.
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
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