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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. writ petitions concerning service claims are intertwined. (Para 2 , 3) |
| 2. petitioner's extensive service and lack of regularization. (Para 4) |
| 3. petitioner's sustained service merits regularization. (Para 5) |
| 4. state's opposition centers on non-sanctioned appointment. (Para 6) |
| 5. judicial orders protect continued service rights. (Para 8 , 9 , 10) |
| 6. supreme court principles apply to long-serving workers. (Para 11 , 13) |
| 7. court quashes orders for failing to recognize service. (Para 14 , 15) |
| 8. court directs regularization of the petitioner's service. (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
Long-serving employees engaged under judicial orders are entitled to regularisation despite initial irregularities, emphasizing fairness and continuous service.
Long and uninterrupted service under judicial protection legitimizes claims for regularization in public employment, irrespective of initial engagement irregularities.
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.
The court established that continuous service post-reinstatement qualifies an employee for regularization, despite prior court intervention.
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
Long-term, continuous service in sanctioned posts must be considered for regularisation as per judicial precedents, regardless of procedural irregularities.
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