SAMEER KUMAR SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Common questions of fact and law are involved in this batch of writ applications for which they were heard together and are being disposed of by this common judgment.

(2.) The petitioners were engaged as Primary Workers in Block and District levels in the district of Jharsuguda through a service provider pursuant to work order issued by the District Planning and Monitoring Unit, Jharsuguda. They claim to have been selected by the service provider in a duly conducted selection process and engaged as Investigator and Primary Workers in the district of Jharsuguda as per appointment letters issued to them by the service provider on different dates. The petitioners were engaged to collect data for preparation of business register of the district in terms of decision of the Government of India as per letter dtd. 15/1/2015. By letter dtd. 11/8/2015, the Government in Department of Planning and Coordination called upon the Director, Economics and Statistics, Orissa (opposite party No.2) to furnish data regarding the persons who were so engaged on outsourcing basis for being placed before the Development Commissioner 'cum- Additional Chief Secretary. The opposite party No.2 furnished the required information. While the matter stood thus, the Odisha Staff Selection Commission (opposite party No.5) issued an advertisement on 19/10/2015 inviting online applications for the post of Primary Investigator under the Directorate of Economics and Statistics. It was indicated in the said advertisement that the appointment shall be contractual in nature. In the meantime, the Government of Odisha framed a Rule, called 'Orissa Subordinate Statistical Surveyors (Method of Recruitment and Conditions of Service) Rules, 1994 prescribing direct recruitment to the post of Statistical Field Surveyor by way of competitive examination. Since the petitioners have been continuing since long, they approached the erstwhile Odisha Administrative Tribunal by filing Original Applications with prayer to quash the impugned advertisement dtd. 19/10/2015 and to direct the authority to allow them to continue against their respective posts on contractual basis as also to take steps for regularization of their services against the respective posts in terms of the 2015 Rules. The said original applications have since been transferred to this Court and registered as the present writ applications.

(3.) The case of the opposite parties is, due to delay in conduct of direct recruitment process, it was decided to engage manpower temporarily through outsourcing basis to manage the important work of 13th Finance Commission. On such basis, a tender was issued, wherein the opposite party no.4- firm was selected by the tender committee. The petitioners and other persons were engaged by the service provider up to 31/3/2015 against regular posts of Primary Investigator. The claim that they were selected in a due selection process, has been specifically denied. It is further stated that as per G.A. Department Resolution dtd. 12/11/2012, recruitment to Group-'C' and Group-'D' posts shall be made on contractual basis for a period of six years. There is no employer and employee relationship between the petitioner and the Government. They are paid remuneration by the service provider. Hence, their claim for regular appointment cannot be considered. It is also stated that as per G.A. Department Resolution dtd. 12/11/2013, a special provision has been made for outsourced persons to come though the competitive examination.