JUGAL KISHORE NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, who was working as N.M.R. Store Assistant in the Office of the Liaison Officer, Rengali Irrigation Project, has come up before this Court against the order dated 25.9.2008 passed by the Orissa Administrative Tribunal, Cuttack Bench, in O.A. No.215(C) of 2002 rejecting his prayer for regularisation of service (Annexure -5). The contention of the petitioner is that the services of his juniors have been regularized but his case has not been considered on the ground that as the relief is confined to such persons, who approached the Orissa Administrative Tribunal, here the petitioner cannot claim equal benefit like that of the applicants of the Original Applications before the Tribunal.

(2.) THE brief facts as narrated in this writ petition tend to reveal that the petitioner was initially engaged as Mazdoor under the N.M.R. Scheme on 31 st May, 1979 and placed in different grades and ultimately retrenched in the year 2002. Some of the retrenched employees of the Rengali Irrigation Project, in which the petitioner was working, filed six Original Applications before the Orissa Administrative Tribunal through the Samal Barrage Employees Union, wherein the Tribunal allowed the prayer made in the said Applications directing the O.Ps. to bring the applicants to the work charged establishment with effect from the date of filing of the O.A. in 1993, i.e., 2.9.1993. But the regularisation of service was not allowed on the ground that as the issue was pending consideration of the Government and at that time it was premature to consider the prayer of the applicants. The State Government challenged the aforesaid judgment before the Hon'ble apex Court in six Special Leave Petitions being S.L.P.(C) Nos.5526 to 5531 of 1996. The orders of the apex Court has been annexed as Annexures -1 series and 2 and the same are quoted below : -

(3.) THEREAFTER , the Government of Orissa in Finance Department passed a resolution on 15 th May, 1997 in Annexure -3, in which it has been resolved inter alia that the Government have been pleased to formulate certain norms and conditions for the NMR/DLR/Job Contract Workers. Few of them are as follows : -