BISHWONATH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the accompanied writ petition, the petitioner has sought for regularization of services as JCB driver as per the recommendation made by the Vice-Chairman, Cuttack Development Authority (CDA)-opposite party no.2 vide letter no.18584/CDA dated 22.12.2014 and compliance made to opposite party no.1 of his letter dated 19.06.2015 on 28.7.2015 and further prays to quash the tender call notice for the post of petitioner issued by opposite party no.2 under Annexure-9.

(2.) The brief facts as delineated in the writ petition is that the petitioner was initially appointed on 01.10.2012 on daily wage basis, as JCB driver subsequently the services of the petitioner have been extended time and again and last extension was made vide letter dated 06.01.2015. Since 2012 the petitioner has been continuing in services without any break and interruption of services. While continuing as such, a meeting was convened by the opposite party nos.2 and 3 on 02.12.2014 and in the said meeting, after thorough discussion, it was decided to move Government, in Housing and Urban Development Department for consideration for regularization of services of 16 numbers of DLR/CLR engaged under the opposite party no.2.

(3.) Ms Deepali Mohapatra, learned counsel for the petitioner submits that the petitioner has rendered services for more than two decades. Since the opposite parties have utilized the services of the petitioner, the services of the petitioner ought to have been regularized in view of the decision of the Hon'ble Apex Court in the case of Secretary, State of Karnatak v. Uma Devi and others , 2006 AIR(SC) 1806.