Long-term adhoc employees have a right to regularization and benefits, as arbitrary continuation of their engagement undermines fairness and violates constitutional principles of employment.

JUDGMENT :

BIRAJA PRASANNA SATAPATHY, J.

1. Heard Mr. S. Mallik, learned counsel for the petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate for the State.

2. The present Writ Petition has been filed inter alia challenging rejection of the petitioner’s claim to get the benefit of regularization so passed by Opp. Party No.1 vide his order dated 05.08.2023 under Annexure-9.

3. Learned counsel for the petitioner contended that petitioner was appointed as an adhoc Typist in the establishment of Opp. Party No.2 vide order of appointment issued on 23.03.1991 under Annexure-1. It is contended that petitioner was so appointed on adhoc basis against a regular vacant post and basing on such order, he was allowed to continue without any break in engagement.

3.1. Subsequently, vide office order dated 11.08.1995 under Annexure-3, petitioner was allowed to continue against the existing vacancy on 89 days basis with regular scale of pay along with D.A. and other allowances as sanctioned by the Govt. from time to time.

3.2. It is contended that on the face of such continuance on adhoc basis w.e.f. 23.03.1991, petitioner when was not regularized in his services, he approached the Tribunal by filing O.A. No.2167(C) of 1995. The Tribunal vide order dated 18.02.2013 under Annexure-7 passed the following order:-

“Considering the submission made by Sri Samal/the applicant in person so also after going through the contents of the O.A., in my considered view, even though the applicant is continuing as on date by virtue of an interim protection extended by this Tribunal, when cannot claim any edge over others who may apply for the post in case any advertisement is issued inviting applications for such post. Since the applicant was appointed on ad hoc basis for a particular period and allowed to continue in the post with certain terms till now by virtue of the order of this Tribunal, no direction can be issued to the respondent authorities to regularize the service of the applicant. As such the relief as has been sought for by the applicant in this O.A. cannot be entertained.

However, the respondent authorities are directed to conduct regular selection test, by way of inviting applications from the open along with other eligible candidates, subject to fulfilling the terms and conditions of the advertisement except the age criteria and if the applicant being overaged submits his application pursuant to such an advertisement, his application shall be accepted applying age relaxation clause, taking into account the number of years he has rendered his services and in case the applicant comes within the zone of consideration, on applying age relaxation clause as per Rules and found suitable for the post in the selection test, regular appointment order be issued in favour of him. Till then he will continue as before. The respondent. authorities are directed to take earlier steps for filling up the posts on regular basis preferably within a period of six months from the date of communication of this order.

It may not be out of place to mention here that as because the applicant is continuing in the post, because of the interim order of this Tribunal, he shall not be entitled to claim any other benefit in the selection test, except the benefit of age relaxation as per Rules.”

3.3. It is contended that pursuant to such order passed by the Tribunal, no regular selection process was ever undertaken by the State in filling up the post. Not only that challenge made to the said order by the present petitioner before this Court in W.P.(C) No.1477 of 2015 was also not entertained. It is contended that since no step was taken to fill up the post on regular basis in terms o