RUDRAKANTA PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present writ petition has been registered on transfer of O.A. No.2430 (C) of 2015 to this court upon abolition of Odisha Administrative Tribunal, Cuttack Bench, Cuttack. The Petitioner, who is working as a Data Entry Operator (in short ' the D.E.O.') in the office of Opposite Party No.1 as an applicant has filed the Original Application seeking for a direction to the Respondent (Opposite Parties) in the present writ petition to treat the applicant-Petitioner as contractual employee and subsequently take steps to regularize the service as has been done in the case of similarly placed employees working in the Department of Higher Education Department, Animal Husbandry and Fisheries etc.

(2.) The factual backdrop of the case, in a nutshell, is that the Petitioner, who is a Bachelor in Arts and Diploma in PGDCA, was initially appointed as Data Entry Operator through a manpower outsourcing agency called 'M/s. Mind Mart'. While continuing as such, a requisition was made by the Opposite Party No.1 to the said out sourcing agency for deployment of Data Entry Operator. Pursuant to the said requisition letter, the proprietor of 'M/s. Mind Mart' vide letter dtd. 8/12/2007 inform the Opposite Party No.1 enclosing Bio-Data of many candidates including that of the Petitioner for necessary action.

(3.) The Petitioner was engaged by the Opposite Party No.1 as Data Entry Operator. The Petitioner joined in duty by submitting his joining report on 8/10/2007. In course of his engagement, the Petitioner was assigned with different works by issuing office orders by the Opposite Party No.1. Pursuant to office order, the Petitioner joined in the State PPP Cell of the Planning and Coordination Department as Contractual Data Entry Operator. Further vide letter dtd. 6/6/2012 an office order was issued directing the Petitioner to work as D.E.O. under the Joint Director and Deputy Director. The Petitioner was working as D.E.O. under the Deputy Director under the Planning and Coordination Department. While working as such, the pay of the Petitioner had been enhanced to Rs.5,200.00 plus Grade Pay Rs.1,900.00 per month w.e.f. 12/8/2014 with the concurrence of the Finance Department vide Circular dtd. 6/12/2014.