Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Bharat Naik – Appellant
Versus
State Of Odisha – Respondent
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 No.2. 3. The factual background leading to filing of the present writ application, in a nutshell, is that on 21.09.2005 an advertisement was published by the Office of the Opposite party No.2 inviting applications for appointment to the post of Sweepers at Sishu Bhawan, Cuttack. As per advertisement two posts belonging to SEBC category and one post belonging to SC & ST category each and two posts for UR category were advertised under Annexure-1 to the writ application. Pu
Long-term casual employees performing perennial duties should be regularized despite administrative inertia, ensuring adherence to employment principles established in earlier legal precedents.
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 that the eligibility for regularization of services is contingent upon the nature of engagement and possession of required qualifications for regul....
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....
In cases of long, continuous service, employees serving in irregular capacities may be regularized despite initial procedural discrepancies, especially in the absence of valid recruitment processes.
The main legal point established in the judgment is that the regularisation of service could only be from the date of the petitioners' appointment in regular service i.e., 03.10.2012, and not from th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
