Long-term casual employees performing perennial duties should be regularized despite administrative inertia, ensuring adherence to employment principles established in earlier legal precedents.

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. Pursuant to the aforesaid advertisement the petitioners along with others participated in the selection process. Finally the petitioners were selected and they were appointed as Sweepers at Sishu Bhawan, Cuttack vide appointment letter dated 24.11.2015 under Annexure-2 to the writ application.

4. While the petitioners were discharging their duties as Sweepers diligently and sincerely, the Opposite Party No.2 wrote a letter to the DMET, Odisha on 22.08.2011 with a request to regularize the service of the petitioners under Annexure-3 to the writ application. However, such issue was kept pending at the level of the DMET, Odisha and no final decision was taken thereon. While this was the position, the G.A. & P.G. Department, Govt. of Odisha issued resolution dated 17.09.2013 containing provisions for regularization of existing contractual Group-C & D employees subject to the fact that the persons who are being regularized are not holding any post in contravention of any statutory rules or executive instruction. Thereafter, another resolution was published on 16.01.2014 with regard to regularization of service of Group-C & D employees by the G.A. & P.G. Department, Govt. Odisha. In the said resolution certain eligibility criteria have been laid down with regard to the regularization of service of such adhoc/temporary Group-C & D employees.

5. The averments made in the writ application further reveals that the Opposite Party No.2 recommended the case of the petitioners for regularization of their service to the Office of the DMET, Odisha. Further, it appears that the Office of the DMET, Odisha forwarded such application to the Government. The aforesaid facts is evident from the letter No.694 dated 13.01.2015 under Annexure-8 issued by the Director of Health Services, Odisha to the Government. Such letter has been written in the context of regularization of contractual service Group-C & D employees working under the Administrative Control of H. & F.W. Department. Govt. of Odisha. The relevant annexure to such letter reveals the name of the Opposite Party No.2 - Institution at serial No.3 and the same reveals that post involved as “Sweeper” and that their regularization has been certified by the appointing authority and recommendation has been made to the Government.

6. The documents annexed to t