The government has an obligation to recognize the long service of employees and regularize their employment status for pension eligibility, preventing arbitrary discrimination against individuals with similar service records.

JUDGMENT :

MURAHARI SRI RAMAN, J.

Aggrieved by Office Order No.4 of 2011-12, dated 25.02.2012 of the Executive Engineer, Rural Works Division, Kendrapara, bringing the petitioner, a Daily Labour Roll (“DLR”, for short) employee, brought over to Work-Charged Establishment (Annexure-8) instead of regularising his service against available vacancies in the Regular Establishment as disclosed in Letter vide Memo No.1335, dated 21.03.1998 of the Superintending Engineer, Central Circle, Rural Works, Bhubaneswar (Annexure-9), an Original Application under Section 19 of the Administrative Tribunals Act, 1985, registered as O.A. No.3584 (C) of 2014, was filed before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack beseeching following relief(s):

“In view of the facts stated above in paragraph-6, the applicant prays for the following relief(s):-

(i) Let the action of the respondent in bring over the applicant to the Work Charged Establishment as per order dated 25.02.2012 under Annexure-8 instead of regularizing the services of the applicant in terms of Annexure-9 and the regularization of similarly situated DLRs working in different Division of Works Department in the facts and circumstances of the case be declared as illegal.

(ii) Let the respondents be directed to regularize the services of the applicant in terms of Annexure-9 and similar orders passed by different Divisions coming under works Department i.e. from the year 1998 within a stipulated time.

(iii) Let the respondents be directed to extend all service and financial benefits on such regularization of the applicant from the year 1998 till his retirement within a stipulated time.

(iv) Let any other order/orders be passed as deem fit and proper.”

1.1. After abolition of the Odisha Administrative Tribunal by virtue of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Notification F. No.A-11014/10/2015-AT [G.S.R.552(E).], dated 2^nd August, 2019), the said case having been transferred to this Court, O.A. No.3584(C) of 2014 has been re-registered as WPC(OAC) No.3584 of 2014.

Facts:

2. From the adumbrated facts on record, it can be culled out that the petitioner, engaged as DLR employee under the category “Unskilled Watchman” in the Office of the Executive Engineer, Expressway Division, Kendrapara (Now R&B Division No.II) on 14.05.1984, being transferred to the Rural Works Division, Kendrapara, joined on 31.10.1991.

2.1. The grievance of the petitioner is that without reckoning his service rendered to the employer since 14.05.1984, although the petitioner seamlessly continued to serve the Rural Works Department, Government of Odisha despite his transfer in the year 1991, he has not been accorded benefit in service. Pursuant to the orders dated 28.07.1998 and 18.05.2000 of the Works Department, similarly situated persons who joined as DLR Employees, have been regularized in their services.

2.2. By Letter bearing No.RWSE-III-26/09-14911/RD, dated 23.02.2009 issued by the Government of Odisha in Rural Development Department, 1565 numbers of NMR/ DLR employees working under the Rural Works Organisation and 1805 numbers of NMR/DLR employees working under the RWS&S Organization being engaged prior to 13.04.1993 were brought over to the Work-Charged Establishment in terms of instructions of the Odisha Work-Charged Employees (Appointment and Condition of Service) Instruction, 1974.

2.3. Though the name of the petitioner appeared at Sl. No.1 under the heading of “Watchman (Unskilled)” in the Detailed Seniority List of NMR/DLR employees working under the Rural Works Division, Kendrapara (Annexure- 4), against the column “Date of Engagement”, it is reflected as “Sinc