The High Court · 2025
Case Details
Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Jan-2025 15:18:00 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1906 of 2022 (In the matter of an application under Articles 226 and 227 of the Constitution of India) Shib Sankar Bhanja and another …. Petitioners -versus- State of Odisha and others …. Opposite Parties Advocate(s) appeared in this case:- For Petitioners
Legal Reasoning
: Mr. A. Tripathy, Advocate For Opposite Parties : Mr. D. Mohanty, A.G.A. Mr. Sk. Zafarulla, Advocate for O.P. No.3 CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 9th January 2025 B.P. Routray, J. 1. Heard Mr. A. Tripathy, learned Advocate for the Petitioners, Mr. D. Mohanty, learned Additional Government Advocate for the State- Opposite Parties 1 & 2 and Mr. Sk. Zafarulla, learned Advocate for O.P. No.3-Boudh Municipality. 2. Two Petitioners in present writ petition are serving as drivers in Road Roller vehicle and Tractor with Trolly Tanker owned by Boudh W.P.(C) No.1906 of 2022 Page 1 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Jan-2025 15:18:00 Municipality (Opposite Party No.3). They are in service on DLR basis since 1.9.1994 and 1.11.1997 respectively, and continuing till date uninterruptedly with satisfactory performance of their duties. The Petitioners have prayed for regularization of their services which was rejected vide order dated 30.12.2021 at Annexure-7, impugned in the present writ petition. 3. The reasons refusing to regularize the services of the Petitioners as reflected from the impugned order under Annexure-7 as well as from respective counter affidavits filed by the Municipality and other authorities, are to the effect that, the Petitioners have been engaged after the cut-off date, i.e. 12.04.1993, prescribed in the Finance Department Circular, without having any approved posts. 4. As seen from the record and the pleadings made by the
Decision
Petitioners in the writ petition as well as the reply made in the counter affidavits, their uninterrupted continuance in service till date remains undisputed. No adverse report with regard to performance of their duties has ever been reported. Secondly, their job requirements are found indispensable and integral to the functions of the Municipality. W.P.(C) No.1906 of 2022 Page 2 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Jan-2025 15:18:00 5. The most important noticeable factor is that, both the vehicles, i.e. Road Roller and Tractor with Trolly-Tanker, have been owned by the Municipality for smoothening its function in better way. So when the vehicles have been owned by the Municipality, it is obvious on the part of the Municipality to have its regular drivers. But instead of the same, the services of the Petitioners have been utilized for more than 26 years in temporary status as DLRs. Such course adopted by the Municipality is complete misuse of services of employees engaged for the work which is admittedly essential, recurring and integral to the functions of the institution. 6. Hon’ble Supreme Court in the case of Jagoo vs. Union of India and others, 2024 SCC OnLine SC 3826, while dealing with similar issues relating to regularization of services of Safaiwali and Housekeepers, have observed as follows :- “26. While the judgment in Uma Devi (supra) sought to curtail the practice of backdoor entries and ensure appointments adhered to constitutional principles, it is regrettable that its principles are often misinterpreted or misapplied to deny legitimate claims of long- serving employees. This judgment aimed to distinguish between “illegal” and “irregular” appointments. It categorically held that employees in irregular appointments, who were engaged in duly sanctioned posts and had served continuously for more than ten years, should be considered for regularization as a one-time W.P.(C) No.1906 of 2022 Page 3 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Jan-2025 15:18:00 measure. However, the laudable intent of the judgment is being subverted when institutions rely on its dicta to indiscriminately reject the claims of employees, even in cases where their appointments are not illegal, but merely lack adherence to procedural formalities. Government departments often cite the judgment in Uma Devi (supra) to argue that no vested right to regularization exists for temporary employees, overlooking the judgment’s explicit acknowledgement of cases where regularization is appropriate. This selective application distorts the judgment’s spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades. 27. In light of these considerations, in our opinion, it is imperative for government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization’s functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. By ensuring fair employment practices, government institutions can reduce the burden of unnecessary litigation, promote job security, and uphold the principles of justice and fairness that they are meant to embody. This approach aligns with international standards and sets a positive precedent for the private sector to follow, thereby contributing to the overall betterment of labour practices in the country.” 7. In the instant case, admittedly nothing has been produced on record to reveal anything that the services of the Petitioners have been dispensed with for such period in a particular year, which otherwise W.P.(C) No.1906 of 2022 Page 4 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Jan-2025 15:18:00 implies that the services of the Petitioners have been utilized, rather exploited, regularly by keeping them in temporary status as DLR employees. Thus, as stated in forgoing paragraphs, and the principles settled in the case of Jagoo (supra), the Opposite Parties are directed to regularize the services of the Petitioners by creating required posts, if necessary, within a period of three months from the date of receipt of copy of this order. 8. The writ petition is disposed of as allowed. (B.P. Routray) Judge B.K. Barik/Secretary W.P.(C) No.1906 of 2022 Page 5 of 5