The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.38767 of 2023 Kalandi Malik …. Mr. K.C. Sahu, Advocate Petitioner -versus- State of Odisha and others …. Opp. Parties Mr. P.C.Das, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 30.11.2023 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 quashing the impugned order under of 10.07.2023 rejecting dated // 2 // further directing Annexure-11 with the Opposite Parties to regularize the service of the Petitioner as regular Attendant from the date of completion of six years of construal service keeping in view of G.A. Department Resolution under Annexure-4 & 5 so also taking into account the similar regularization in respect of done as per Annexure-7 batchmates of the Petitioner who were appointed along with Petitioner 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)/direction(s) as deems fit and proper for the bona fide interest of justice.” 4. It is submitted by Mr. K.C. Sahu, learned counsel appearing for the Petitioner that the Petitioner was were appointed on being selected by a duly constituted Selection Committee as for Annexure-2. The name of the Petitioner ws recommended by the Selection Committee meeting proceeding under the Chairmanship of C.D.M.O., Kendrapara by way verification of document as per letter dated 25.08.2011(Annexure-2). Accordingly, the Petitioner was appointed vide order No.1649 dated 24.03.2012as an Attendant 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 Petitioner that the cases of all other Daily // 3 // Wage Workers were recommended for regularization by the High Power Committee. However, so far the present Petitioner is concerned, the High Power Committee although observed that the Petitioner has been validly selected, 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 Petitioner in the High Power Committee meeting held on 15.5.2020 has not been further considered. Accordingly, the case of the Petitioner for regularization of her 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 Petitioner as she was 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 // 4 // 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 Petitioner has been duly 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 Petitioner has 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 Petitioner 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-9 Series, this // 5 // 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, Bhubaneswar to place the matter of the regularization of service of the present Petitioner 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 Petitioner within six weeks from the date the matter is placed before the High Power Committee. The decision so taken be also communicated to the Petitioner within two weeks thereafter. 8. With the aforesaid observations and directions, the writ petition is disposed of. Rubi ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 06-Dec-2023 13:49:56