The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17418 of 2023 Smt. Kumati Behera and another …. Petitioners Mr. K.C. Sahu, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Tarun Pattnaik, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 22.06.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioners with the following prayers:- “It is therefore prayed that the Hon’ble Court be graciously pleased to pass following reliefs(s):- (i) The Hon’ble Court be pleased to admit & allow this writ petition, (ii) The Hon’ble Court be pleased to allow this writ petition by directing the Opp. parties to regularize the services of the petitioners as regular Sweepers from the date of completion // 2 // of six years of contractual service keeping in view of G.A. Deptt. Resolution under Annexure-4 & 5 so also taking into account the similar regularization done as per Annexure-7 in respect of batchmates of the petitioners who were appointed along with petitioners as per the same advertisement under Annexure-1, with all consequential service and financial benefit within a time bound period for the interest of justice. (iii) The Hon’ble Court be pleased to pass any other order(s)/directions(s) as deems fit & proper for the bonafide interest of justice.” 4. It is submitted by Mr. K.C. Sahu, learned counsel appearing for the Petitioners that the Petitioners were appointed on being selected by a duly constituted Selection Committee. The names of the Petitioners were recommended by the Selection Committee meeting proceeding held on 28.02.2008 of the CDMO, Sambalpur. Accordingly, the Petitioner No.1 was appointed vide order No.6247 dated 16.12.2008 and the Petitioner No.2 was appointed vide order No.6428 dated 27.12.2008 by the CDMO, Sambalpur respectively as Sweeper on daily wage basis. 5. The matter of regularization of service of Daily Wage Workers was placed before the High Power Committee meeting that was held on 15.05.2020. It is submitted by Mr. K.C. Sahu, learned counsel for the Petitioners that the cases of all other Daily Wage Workers were recommended for regularization by the High Power Committee. However, so far the present Petitioners are concerned, the High Power Committee although observed that the Petitioners have been validly selected, // 3 // however, in view of the decision of the Finance Department to outsource some jobs under Group-D categories like cleaning, sweeping, watch & ward etc., a clarification was sought for from the Finance Department as to whether these two Petitioners, who were appointed on daily wage basis against the vacancies following due procedure, can be regularized or not. It is also contended that the aforesaid observation in respect of the present Petitioners in the High Power Committee meeting held on 15.5.2020 has not been further considered. Accordingly, the cases of the Petitioners for regularization of their service has not been considered as of now although the cases of the similarly situated persons who were appointed by virtue of the very same advertisement as Attendant have been regularized in the meantime. It is also submitted by the learned counsel for the Petitioner that the decision to outsource some of the Group-D posts was taken by the Finance Department in the year 2011. It is further submitted that such embargo shall not apply to the Petitioners as they were validly selected by following due procedure of selection pursuant to an advertisement along with many other Attendants in the year 2008, i.e., much prior to the decision of the Finance Department to outsource the Group-D posts. 6. Learned Additional Standing Counsel appearing for the State-Opposite Parties, on the other hand, submitted that on perusal of the finding of the High Power Committee meeting held on 15.05.2020, it appears that the High Power Committee has to come to a conclusion that the Petitioners have been duly // 4 // selected by following the valid selection procedure. It is further contended by the learned Additional Standing Counsel that awaiting clarification from the Finance Department, the cases of the Petitioners have not been considered by the High Power Committee and the same is still pending before the High Power Committee for final consideration. It is also contended by the learned Additional Standing Counsel that in view of Finance Department Memorandum dated 26.09.2011, i.e., a decision taken by the Finance Department, Government of Odisha to outsource some jobs under Grade-D categories like cleaning, sweeping, watch & ward etc. Therefore, the cases of the present Petitioners have not been considered by the High Power Committee awaiting clarification from the Finance Department. He further contended that in the event this Court directs the High Power Committee to consider the case of the Petitioners taking into consideration the fact that the similar situated Attendants have been regularized in the meantime, who were appointed under the very same advertisement, he will have no objection to the same. 7. Considering the submissions made by the learned counsels for the respective parties and upon careful scrutiny of the background facts of the present case and also taking into consideration the observation of the High Power Committee in its meeting held on 15.05.2020 under Annexure-6 Series, this Court thinks it proper to dispose of the writ petition by directing the Commissioner-cum-Secretary to Government of Odisha, Health & Family Welfare Department, Secretariat Building, // 5 // Bhubaneswar to place the matter of the regularization of service of the present Petitioners before the High Power Committee as expeditiously as possible, preferably within a period of six weeks from today. Further, it is directed that the decision be taken keeping in view the fact that similarly situated Attendants who were appointed on the very same advertisement by following due procedure have already been regularized in the meantime. Let the High Power Committee take a decision in the matter of the regularization of service of the Petitioners within six weeks from the date the matter is placed before the High Power Committee. The decision so taken be also communicated to the Petitioners within two weeks thereafter. 8. With the aforesaid observations and directions, the writ petition is disposed of. Debasis ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 24-Jun-2023 20:15:03