IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Ramesh Chandra Das – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The present Writ Petition has been filed inter alia with the following prayer:-
“Under the above circumstances, it is humbly prayed that the writ petition may be allowed;
And
(A) a writ of mandamus or an appropriate writ may be issued quashing the impugned order dated 31.03.2022 passed by the Principal Secretary to Government in Housing and Urban Development Department, Bhubaneswar under Annexure:11 and necessary direction may be made to the opposite parties to regularize the services of the petitioner against the post of Tax Collector in Khordha Municipality from the date of his initial joining i.e. with effect from 01.04.1994 with all consequential, financial and service benefits within a time to be stipulated by this Hon’ble Court.
(B) And other any order orders or direction / directions may be issued so as to give complete relief to the petitioner;
And for this act of kindness, the petitioner shall as in duty bound remain ever pray.”
4. It is contended that even though Petitioner was allowed to continue as a DLR Tax
The court emphasized the importance of regularizing long-serving temporary employees to ensure compliance with fairness principles and constitutional protections in employment.
Long-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
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 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....
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
Government entities must regularize long-term contractual employees in essential roles, upholding constitutional employment rights against arbitrary terminations.
The State must uphold fair employment practices, ensuring that longstanding contractual employees receive regularization if their roles are recurring and essential to the organization.
Long-term temporary employees engaged in essential work must be regularized after sustained service, as continuous unjust denial violates constitutional rights.
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....
Continuous and uninterrupted service of temporary employees qualifies them for regularisation, as upheld by apex court judgments emphasizing fairness in employment practices.
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