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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Ramesh Chandra Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge against the rejection of regularization (Para 1 , 2) |
| 2. consideration of contractual employment rights (Para 3) |
| 3. court’s mandate for fresh consideration (Para 4 , 5) |
| 4. final order on the writ petition (Para 6) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. Heard Mr. B.S. Tripathy, learned counsel for the petitioner and Mr. P.K. Panda, learned Addl. Standing Counsel for the State. None appeared on behalf of Opp.Party No.4 in spite of due appearance.
2. The present Writ Petition has been filed inter alia challenging rejection of the petitioner’s claim to get the benefit of regularization vide order dated 31.01.2022, so passed by the Govt.-Opp. Party No.1 under Annexure-12.
3. Learned counsel for the petitioner contended that petitioner was engaged as a DEO on contractual basis vide order dated 03.02.2010 so issued by Opp. Party No.4 under Annexure-1. After being so engaged on contractual basis, petitioner when was not regularized on the face of the communication made by the Municipality under Annexure-5 and 7, petitioner approached this Court by filing W.P.(C) No.34244 of 2020. This Court vide order dated 10.12.2020 under Annexure-11, when directed Opp. Party No.
Government entities must regularize long-term contractual employees in essential roles, upholding constitutional employment rights against arbitrary terminations.
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
The State's arbitrary rejection of a long-term temporary employee's regularization claim violates constitutional rights and obligations, emphasizing the need for fair employment practices under Artic....
Long-term temporary employees engaged in essential work must be regularized after sustained service, as continuous unjust denial violates constitutional rights.
Workers with perennial roles must be recognized for regularization without exploiting temporary classifications, aligning with constitutional obligations of fair treatment under employment law.
The State must uphold fair employment practices, ensuring that longstanding contractual employees receive regularization if their roles are recurring and essential to the organization.
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....
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 court reaffirmed that long-standing temporary employees, performing essential duties, must be regularized, rejecting claims of irregularity based solely on appointment processes without addressin....
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