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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Pradeep Kumar Behera – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. Heard Mr. S. Satapathy, learned counsel for the petitioner and Mr. P.K. Panda, learned Addl. Standing Counsel for the State.
2. The present Writ Petition has been filed inter alia with the following prayer
“In the circumstances of the case, the humble petitioner fervently prays this Hon’ble Court to be graciously pleased to issue notice to the Opp. parties, call for relevant records and after hearing the counsel of parties, issue a writ in the nature of Mandamus or any other appropriate writ quashing impugned order No. 12361/H&FW dtd. 30.05.2020 of the Addl. Chief Secretary to Govt., Health and Family Welfare Department and commanding Opp. Party No.1 to regularize the service of the petitioner from the date of completion of Six years of contractual appointment within a stipulated period with all consequential benefits.”
3. It is contended that vide order dated 13.04.2007 under Annexure-2, petitioner though was engaged as a Sweeper on contractual basis in PHC(N), Tarikund and was allowed to continue as such with passing of further order on 31.08.2010 under Annexure-3 in allowing the petitioner to continue on full time basis, but no action was t
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'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....
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....
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 emphasized the importance of regularizing long-serving temporary employees to ensure compliance with fairness principles and constitutional protections in employment.
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.
Workers with perennial roles must be recognized for regularization without exploiting temporary classifications, aligning with constitutional obligations of fair treatment under employment law.
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