The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23677 of 2023 Prabhasini Padhan and another …. Petitioners Mr. K.C.Sahu,Advocate -versus- State of Odisha and others …. Opp. Parties Mr.Iswar Mohanty, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 03.08.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed with the following prayer : “ It is therefore prayed that the Hon’ble Court be graciously pleased to pass following relief(s):- i) The Hon’ble Court be pleased to admit and allow this Writ Petition, ii) The Hon’ble Court be graciously pleased to direct the Opp.Parties for regular sanctioned post in which the Petitioners are presently serving by granting the regular scale of pay attached to the post of MPHW(F) from the date of completion of six years of contractual service i.e. w.e.f. 05.01.2021 if necessary by modifying the Annexure-7 order dated // 2 // 18.11.20221 to that extent in view of the provisions contained under Rule-4 & 5 of “Rules-2019” with all consequential service and financial benefits within a time bound period for the interest of justice. iii) The Hon’ble Court be pleased to pass any other order(s)/direction(s) as deems fit and proper for the bonafide interest of justice.” 3. It is submitted by Mr.Sahu, learned counsel for the Petitioners that the Petitioners are initially engaged as MPHW(F) in the year 21014-15. Thereafter, the new Rule i.e.,Odisha Multi Purpose Health Worker (Female) Service ( Method of Recruitment & Conditions of Service) Rules, 2019 came into force vide Notification dated 08.03.2019. Under the provision of new Rule, particularly in Rule-4, the Multi Purpose Health Worker(F), who have completed six years of service and were working under contracted service and completed six years of satisfactory continuous service shall be deemed to be appointed in service on regular basis as one time measure subject to fulfillment of other eligibility criteria prescribed in Rule-5. 4. Learned counsel for the Petitioners also contended that the petitioners, who are fulfilling the eligibility criteria as prescribed under Rule-5 are to be deemed to be regularly appointed by applying Rule-5 of 2019 Rule. He further contended that the Opposite Party No.3 passed an order on 18.11.2021 wherein it has been stated that the contractual service of MPHW(F), who have completed six years of service are being regularized under the ORV Act and Rules against available regular vacancy with Level-05, Cell-01 in the scale of Rs.21,700/- per month as per 7th Pay matrix along with DA and other service benefits of regular employees. Further, the letter dated 18.11.20221 reveals that due to non-availability of regular post, the cases of the Petitioners are not being considered and they have not // 3 // been regularized, however, they are getting consolidated pay of Rs.13,500/- per month till availability of regular vacant post as per the ORV Act. In the aforesaid context, learned counsel for the Petitioners submitted that since the Petitioners are working as MPHW(F) and have completed six years of satisfactory service and although fulfilled the eligibility criteria, their services are deemed to have been regularized from the date of completion of six years of service as per Rule-4 of 2019 Rule. However, the Opposite Parties instead of regularizing the services of the Petitioners have allowed the Petitioners to discharge their service on contractual basis with a consolidated remuneration of Rs.13,500/- per month. He further submitted that similarly situated MPHW(F) have been regularized in the meantime and they have been getting higher scale of pay of Rs.21,500/- with usual D.A. as is due and admissible. In such view of the matter, learned counsel for the Petitioners submitted that a direction be issued to the Opposite Parties to consider the cases of the Petitioners for regularization of their services and to grant him regular pay scale attached to the regular post of MPHW(F). 5. It is further submitted by the learned counsel for the Petitioners that there are several vacancies available at the moment in the post of MPHW(F) for which an advertisement was published. 6. Learned Additional Standing Counsel for the State on the other hand while supporting the order dated 18.11.2021 under Annexure-7 to the Writ Petition, submitted before this Court that the cases of the Petitioners and similarly situated other MPHW(F) shall be considered by the Opposite Parties in the event regular vacant posts are available. He further submitted that the impugned letter under Annexure-7 clearly reveals that due to non-availability of regular // 4 // vacant posts, the cases of the Petitioners have not been considered in terms of Rule-4 of 2019 Rules. However, he further submitted that the Petitioners have been allowed to continue on contractual basis with a consolidated remuneration as has been indicated in the letter under annexure-7. Therefore, learned Additional Standing Counsel for the State submitted that the Opposite Parties have not committed any illegality and that the case of the Petitioners have not been rejected by the Opposite Parties, which would compel the Petitioners to approach this Court by filing the present Writ Petition. Accordingly, it is prayed that the Writ Petition is devoid of merit and the same be dismissed. 7. Having heard learned counsel appearing for the respective parties and on careful examination of the background facts of the present case and the Rule of 2019, this Court is of the view that the Petitioners, who have completed six years of satisfactory service and are continuing on contractual basis with a consolidated remuneration of Rs13,500/- per month are to be considered in terms of Rule-4 & 5 of 2019 Rules. However, their cases have not been considered due to non-availability of regular vacant post. On scrutiny of Rule-4 of 2019 Rules, it appears that the same provides for a decision whereby an employee who is working on contractual basis as MPHW(F) for a continuous period of six years and her service is satisfactory is deemed to have been regularized her service on completion of six years, since the same has not been happened in the present case and the services of the Petitioners, who are working on contractual basis as MPHW(F) for a period of six years, they have approached this Court by filing the present Writ Petition. 8. In view of the aforesaid factual scenario and on an analysis of // 5 // the provisions contained in 2019 Rules, this Court is of the view that the services of the contractual MPHW(F) working are to be regularized in terms of Rules 4 & 5 of 2019 Riles shall be subject to availability of vacant post and keeping in view the provisions of ORV Act and Rules framed thereunder. Therefore, this Court deems it proper to dispose of the Writ Petition at the stage of admission by granting liberty to the Petitioners to file a fresh representation before the Opposite Party No.1 taking therein all the ground along with all supporting documents within a period of three weeks from today. In the event such a representation is filed, the Opposit4e Party No.1 shall do well to consider the same in terms of Rules 4 & 5 of 2019 Rules and pass necessary orders in accordance with law within a period of two months from the date of filing representation. The Opposite Party No.1 is directed to dispose of the representation of the Petitioners by passing a speaking and reasoned order and the order so passed be communicated to the Petitioners within two weeks from the date of passing of the order. 9. With the aforesaid observation/direction, the Writ Petition stands disposed of. 10. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 08-Aug-2023 11:14:57