The court emphasized the importance of regularizing long-serving temporary employees to ensure compliance with fairness principles and constitutional protections in employment.

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 Collector in the establishment of Opposite Party No.5 w.e.f. 01.04.1994 so modified to 01.06.1994, vide order under Annexure- 1 and on the face of his continuance as a DLR employee when he was not regularized, he approached this Court by filing in W.P.(C) No.25109 of 2020.

4.1. This Court vide order dtd.13.10.2020 when directed the Opposite Parties to consider the claim of the Petitioner for his regularization in service in the light of the judgment in the case of the Secretary State of Karnataka vs. Uma Devi (3) and Others reported in (2006) 4 SCC-1 , on the face of such order passed by this Court, Petitioner was not regularized and instead was brought over to the work charged establishment w.e.f. 27.09.2021.

4.2. Petitioner claiming regularization again approached this Court by filing W.P.(C) No.2445 of 2022. The said Writ Petition was disposed of by this Court vide order dtd.27.01.2022 with a direction on the Opposite Parties to consider his claim in the light of the judgment passed in the case of Patitapaban Dutta Dash and Others vs. State of Odisha and Others (W.P.(C) No.19951 of 2020 disposed of 09.09.2021).

4.3. Learned counsel appearing for the Petitioner contended that in terms of such order passed by this Court on 27.01.2022 in W.P.(C) No.2445 of 2022, claim of the Petitioner was rejected vide the impugned order dtd.31.03.2022 under Annexure-11.

4.4. However, in course of hearing learned counsel appearing for the Petitioner fairly contended that claim of the Petitioner is not covered by the judgment in the case of Patitapaban Dutta Dash as Petitioner was never engaged as a contractual employee.

4.5. It is however contended that since Petitioner was allowed to continue as a DLR w.e.f. 01.06.1994 and in worked charged establishment w.e.f. 27.03.2021 and he is continuing as such till date in the work charged establishment, in view of the recent decision of the Hon’ble Apex Court in the case of Jaggo vs. Union of India & Ors., 2024 SCC OnLine SC 3826; Shripal & Anr. vs. Nagar Nigam, Ghaziabad, 2025 SCC OnLine SC 221, as well as Dharam Singh & Ors. vs. State of U.P. & Anr. (Civil Appeal No(s).8558 of 2018 and another decision of the Apex Court in the case of Bhola Nath Vs. State of Jharkhand and Others , 2026 INSC 99 , Petitioner is eligible and entitled to get the benefit of regularization.

4.6. View expressed by the Hon’ble Apex Court in the case of Jaggo in Para-22 to 25 and 27 reads as follows:-

“22. The pervasive misuse of temporary employment contracts, as exemplified in this case, reflects a broader systemic issue that adversely affects workers’ rights and job security. In the private sector, the rise of the gig economy has led to an increase in precarious emplo