PRABHU SANKAR BABU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was engaged as a Mate by the opp. party No. 2 -Corporation on 17 -1 -1982 on the wage of Rs. 7.50 per day at Kansbahal Earth Dam Project in the district of Siindargarh. He was then transferred to serve in the Burla Power House Project in Sambalpur district as a Time Keeper and joined thereon 12 -6 -1983 on daily wage of Rs. 12/ - per day where he continued. He was then appointed as a Mate in the same Burla Power House Project on 1 -8 -1984 on daily wage of Rs. 12/ -, was engaged continuously and was paid wages at the rate of Rs. 14.50 per day from 1 -4 -1986 to 31 -3 - 1988, Rs. 16/ - per day from 1 -4 -1988 till 30 -6 -1990 on which date his wages become Rs. 30/ - per day. This petition has been filed on 1 -2 -1991 claiming the relief of payment of same scale of pay as is drawn by the regular employees of his rank and for regularisation of his service During the pendency of the case before this Court the petitioner having been retrenched from service on 23 -6 -1991, the fact Was pleaded by amendment which was allowed on 30 -7 -1991. The petitioner was re -engaged on 14 -9 -1991 from which date he has been continuing as a Mate in the C. W, Ontake Channel Project at Bandharpalli ,in the district

(2.) IN spite of notice, no counter affidavit has been filed It is submitted by the learned counsel for opp. party No. 2 Corporation that the copy of the writ petition incorporating the amendment was received incomplete for which no counter affidavit has been filed. We are not inclined to entertain such plea since the amendment was allowed on 30 -7 -1991and the of the amended petition was received on 6 -4 -1992. No complaint had been made till date of incomplete copy of the petition having been received and the submission is raised by the learned counsel for opp. party No. 2 only during the hearing of the case We would as such proceed on the footing that no counter affidavit has been filed.

(3.) IN view of such decisions and the facts of the case, the petitioner becomes entitled to both the reliefs of payment of salary as is received by his counterparts in the regular establishment as has been fixed by the apex Court and his regular absorption in service when vacancy arises with the added protection that his service shall not be dispensed with until his regular absorption is made though ha may be deputed to work under any of the projects of the corporation. We would accordingly direct that such reliefs be granted to the petitioner.