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IN THE HIGH COURT OF ORISSA AT CUTTACK
DIXIT KRISHNA SHRIPAD, CHITTARANJAN DASH
Padmanava Mishra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. common facts about petitions and service claims (Para 2 , 4) |
| 2. arguments for and against regularization of service (Para 5 , 6) |
| 3. court's analysis of legality and fairness in employment (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. ratio decidendi regarding regularization (Para 14 , 15) |
| 5. conclusion to quash prior orders and regularize employment (Para 16 , 17 , 18) |
Judgment :
Chittaranjan Dash, J.
1. Heard learned counsel for both sides.
2. The present writ petitions, W.P.(C) No.27979 of 2022 and W.P.(C) No.12702 of 2019, involving common parties, substantially overlapping facts and interconnected issues, are taken up together and are being disposed of by this common judgment.
W.P.(C) No.12702 of 2019 has been filed assailing the order dated 28.06.2019 passed by the Odisha Administrative Tribunal, Cuttack Bench, in O.A. No.883(C) of 2016, whereby the claim of the Petitioner for regularisation of service and grant of equal pay for equal work was rejected.
W.P.(C) No.27979 of 2022 has been filed calling in question the subsequent order dated 27.07.2022 passed by the Director, Economics and Statistics, Odisha, rejecting the Petitioner’s claim for regularisation in purported compli
Long and uninterrupted service under judicial protection legitimizes claims for regularization in public employment, irrespective of initial engagement irregularities.
Long-serving employees engaged under judicial orders are entitled to regularisation despite initial irregularities, emphasizing fairness and continuous service.
The court established that continuous service post-reinstatement qualifies an employee for regularization, despite prior court intervention.
Long-term casual employees performing perennial duties should be regularized despite administrative inertia, ensuring adherence to employment principles established in earlier legal precedents.
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
Long-term, continuous service in sanctioned posts must be considered for regularisation as per judicial precedents, regardless of procedural irregularities.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Long continuous service (>10 years) as daily wagers on perennial essential duties entitles regularization consideration despite irregular initial engagement; distinguishes irregular from illegal appo....
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