Manas Ranjan Sahu vs. State Of Odisha
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Cause title — parties, addresses and appearances
ORDER 20.08.2024
This matter is taken up through hybrid arrangement.
In this Writ Petition, the Petitioners seek a direction from this Court to the Opposite Parties to issue orders in their favour regularizing their services as Programmers in the establishment of the Opposite Party No.2/ Commissioner of CT & GST, Odisha, Cuttack in the scale of Rs.9,300/-34,800/- with GP of Rs.4,200/- with effect from the date of their completion of six years of services with consequential service and monetary benefits as per Resolution dated 15.02.2014 and as per the law laid down by the Apex Court in the cases of Secretary, State of Karnataka –vrs.- Umadevi (3) and Ors.1 and State of Karnataka & Ors. –vrs.- M.L. Kesari & Ors.2. 1 (2006) 4 SCC 1 2 (2010) 9 SCC 247 3. It is apparent from the records that this Writ Petition was earlier disposed of by another single Bench of this Court vide order dated 04.11.2020 with the direction as follows:
“xx xx xx xx
In that view of the matter, this Court disposes of this Writ Petition directing the opposite parties to consider the case of the petitioners and regularize their services keeping in view the judgment in the case of Secretary State of Karnataka and others v. Umadevi (3) and others (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others involving SLP(C) No.15774/2006 and also the resolution of the G.A. Department dated 15.2.2014, within a period of four months from the date of communication of a copy of this order by the petitioners and grant consequential service benefits as due admissible to her.
It is further directed that in the event the petitioners are still continuing in their service, status quo as on today in respect of the service of the petitioners shall be maintained till a decision is taken in the matter by the opposite parties in terms of the above direction.
Xx xx xx”
Being aggrieved by the order dated 04.11.2020 passed in W.P.(C) No.29456 of 2020, the State of Odisha and Another had preferred W.A. No.495 of 2021 on the ground that the said order was passed without issuing notice to them and without giving any opportunity to them to file counter affidavit. The Division Bench of this Court vide order dated 05.07.2021, on the consent of the learned counsel for the Petitioners who were respondents therein, set aside the impugned order therein and remanded the matter to the learned Single Judge for fresh disposal on merits after completion of pleadings with certain directions. The ordering portions of the order dated 04.11.2020 passed in W.P.(C) No.29456 of 2020 are as follows: “xx xx xx xx 4.Mr. Tripathy, learned counsel for the Respondents, appearing on advance notice, does not dispute that the above writ petition was disposed of on the very date of listing without notice to the Appellants and without any opportunity to them to file a counter affidavit and states that the present writ appeal, being similar to W.A. No.205 of 2021, which was disposed of on 17th June 2021, the same may be disposed of in terms of the said order dated 17th June, 2021. 5. On the above short admitted ground, this Court is of the view that the impugned order should be set aside and the matter remanded to the learned Single Judge for a fresh disposal on merits after completion of pleadings.
Accordingly, with the consent of learned counsel for the Respondents, the impugned order dated 4th November 2020 passed by the learned Single Judge in W.P.(C) No.29456 of 2020 is hereby set aside with the following directions: (i) W.P.(C) No.29456 of 2020 is restored to the file of the learned Single Judge and shall be listed before the learned Single Judge for directions on 19th July, 2021. (ii) By the aforementioned date, the State of Odisha shall file their para-wise reply to the aforementioned writ petition. (iii) The Respondents herein i.e. the Writ Petitioners shall be given an opportunity by the learned Single Judge to file a rejoinder to the above affidavit in a time-bound manner. In any event the pleadings in the writ petition shall be completed not later than 31st August, 2021. (iv) The learned Single Judge is requested to endeavour to dispose of the writ petition on merits not later than 8th November, 2021. (v) Till the disposal of the writ petition, the status quo as to the services of the Respondents shall be maintained. 7.The writ appeal is disposed of in the above terms. Xx xx xx”
Accordingly, this Writ Petition was restored to file for passing of fresh order. Thereafter, learned Single Judge vide order dated 15.09.2021 further disposed of this Writ Petition by passing the following order: “Heard learned counsel for the parties.
It is agreed by learned counsel for the parties that the issue involved in this case is analogous to one involved in W.P.(C) No.19951 of 2020, which has been allowed on 09.09.2021 by this Court.
Therefore, in view of the reasons stated in the detailed judgment dated 09.09.2021 passed in W.P.(C) No.19951 of 2020, this writ petition is allowed.
The opposite parties are directed to regularize the services of the petitioners and grant all consequential service and financial benefits in accordance with law as expeditiously as possible, preferably within a period of two months from the date of communication of this order. Xx xx xx xx”
Again, challenging the said order dated 15.09.2021 passed by the learned Single Judge, the State of Odisha further preferred W.A. No.1379 of 2022 on the ground that though the pleadings were complete but the same were not discussed and the issue involved in the present case for regularization of Programmers was very different from the case concerning regularization of Data Entry Operators (DEOs), which was a subject matter of W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash – vrs.- State of Odisha). The Division Bench of this Court vide order dated 28.03.2023 disposed of the said Writ Appeal with the order as follows:
“1. Although the Court is informed that the pleadings were complete in the writ petition, it is seen that the impugned order has been passed without discussing the pleadings and noticing that the facts of the case on hand which involved regularization of Programmers was very different from the case concerning regularization of Data Entry Operators (DEOs), which was a subject matter of W.P.(C) No.19951 of 2020 (Patitapaban Dutta Dash v. State of Odisha), which had been disposed of by judgment dated 9th September, 2021. 2. Although in para 2 of the impugned judgment it is noted that “it is agreed by learned counsel for the parties….” from what stated in the memorandum of appeal and in the counter affidavit itself, it is plain that the facts of the present case are different and it could not have gone on consensus by counsel for the Appellant.
For the aforementioned reasons, the impugned order is set aside and W.P.(C) No.29456 of 2020 is restored to the file of learned Single Judge where it will be listed for hearing on 1st August, 2023. The learned Single Judge will then proceed in accordance with law and endeavour to dispose of the writ petition as expeditiously as possible.
The writ appeal is disposed of in the above terms.”
Accordingly, this Writ Petition has further been restored to file to pass order afresh.
Heard learned counsel for the Parties.
During the course of hearing, learned counsel for the State, on instructions, submits that the Finance Department had sanctioned engagement of 11 numbers of Programmers along with other posts of contractual IT Personnel on outsourcing basis. Accordingly, 9 numbers of Programmers (including the Petitioners) were engaged under the Commercial Tax Organization through Government approved “outsource” agency named IDCOL Software Ltd. Thereafter/ the Government in Finance Department vide letter No.4645/F dated 03.02.2007 directed the Commercial Tax Organization to engage the Programmers on contractual basis instead of outsourcing basis by following appropriate procedure. However, without following an open and transparent recruitment procedure and following the principles of Odisha Reservation of Vacancies in Posts and Services (for the Scheduled Castes and Scheduled Tribes) Act, 1975 (ORV Act), all outsources Programmers including the Petitioners were engaged as Programmers on contractual basis under the Commercial Tax Organization confining the screening to the existing employees and without opportunity to all concern. He further submits that at present 8 contractual Programmers including the Petitioners are continuing as such till today on annual renewal basis subject to their satisfactory performance.
Per contra, learned counsel for the Petitioners bringing to the notice of this Court to the Office Order No.7754/CT dated 28.04.2008 issued by the Asst. Commissioner of Commercial Taxes (Administration), Odisha, Cuttack submits that the Petitioners were appointed as Programmers on contractual basis with consolidated salary of Rs.8000/- per month and they were posted vide Office Order No.7784/CT dated 28.04.2008 issued by the Asst. Commissioner of Commercial Taxes (Administration) based on the letter No.4645 dated 03.02.2007 of the Government in Finance Department. Accordingly, they joined their respective place of posting on 28.04.2008 and has been continuing as such. She further brings to the notice of this Court to Clause-2 of the Resolution dated 15th February, 2014 issued by the General Administration Department, Government of Odisha and submits that since the Petitioners have completed more than 15 years of contractual service satisfactorily, the case of the Petitioners for regularization of their contractual service should have been considered by the authority.
Learned counsel for the Petitioners further submits that this Court has earlier decided the similar issue in the order dated 13.10.2020 passed in W.P.(C) No.26241 of 2020 which was affirmed by the Division Bench of this Court vide order dated 10.02.2021 passed in W.A. No.828 of 2020. In such view of the matter, she submits that the prayer of the Petitioners may be allowed.
Perused the contents of the Writ Petition and all the materials available on record including the order dated 13.10.2020 passed by the learned Single Judge in W.P.(C) No.26241 of 2020 and the order dated 10.02.2021 passed by the Division Bench in W.A. No.828 of 2020. 13. For proper appreciation, Clause-2 of the Resolution dated 15th February, 2014 issued by the General Administration Department, Government of Odisha is extracted below: “2-Conditions of Service on Regular Appointment: (1) Regular Appointments: On the date of satisfactory completion of six years of contractual service or from the date of publication of this Resolution, whichever is later, they shall be deemed to have been regularly appointed. A formal order of regular appointment shall be issued by the appointing authority. (2) Pay and other benefits: On regular appointment, they shall be entitled to draw the time Scale of Pay plus Grade Pay with DA and other allowances as admissible in the corresponding pay band. (3) Other Conditions of service: (a) The other conditions of service shall be such as has been provided in the relevant recruitment rules. (b) The Conditions of service in regard to matters not covered by this Resolution shall be the same as are or as may from time to time be prescribed by the State Government.”
As it appears, grievance of the Petitioners in W.P.(C) No.26241 of 2020 was that they being engaged as Peons on contractual basis under the Opposite Parties-institution-Gopabandhu Academy of Administration in the year 2010 and they have already rendered 10 years of service, had sought for regularisation of their service. Learned Single Judge taking into account the ratio of the judgment in Umadevi (3) (supra) and M.L. Kesari (supra) allowed the prayer of the Petitioners therein directing the Opposite Parties/ State to consider the case of the Petitioners for regularisation of their services. Thereafter, on being approached by the State, learned Division Bench taking into account the Resolution dated 17.09.2013 issued by the General Administration Department for regularisation of the DLR, daily wages employees and the decisions of the Apex Court as stated supra, confirmed the order of the learned Single Judge.
Considering the rival submissions made by the learned counsel for the Parties and the materials placed on record, this Writ Petition is disposed of with a direction to the Opposite Parties to consider the case of the Petitioners regarding regularisation of their services in the light of the Office Order No.7754/CT dated 28.04.2008 issued by the Asst. Commissioner of Commercial Taxes (Administration), Odisha, Cuttack and the Clause-2 of the Resolution dated 15th February, 2014 issued by the General Administration Department, Government of Odisha within a period of three months from the date of communication of this order.
Till a decision is taken in the matter, status quo as on today in respect of the services of the Petitioners shall be maintained.
Accordingly, this Writ Petition is disposed of.
( Dr. S.K. Panigrahi) Judge B. Jhankar
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.