GAJENDRA PRASAD BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner, who is working as a Tax Collector on DLR basis under N.A.C., Basudevpur, has filed this petition seeking for a direction for regularization of his service with effect from 18.1.1990, the date his juniors (Opp. Parties 6 & 7) have been regularized & for grant of other consequential service benefits. The short fact of the case, in hand, is that the Petitioner being a Graduate in Arts, was appointed as Octroi Tax Collector on N.M.R. basis from 14.1.1985 till 31.9.1995 & on 8.7.1997 onwards under N.A.C., Basudevpur. From the date of his appointment, he is continuing in service by opening service book. In the year 1990 due to availability of regular vacancies, without preparing gradation list, the N.A.C., Basudevpur regularized the services of his juniors (Opp. Parties 6 & 7) on 18.1.1990. Apart from the same, the services of one Baikunth Barik, Octroi Peon has been regularized pursuant to the direction of this Court in OJC No. 1170 of 1990 disposed of on 15.3.1994. On 29.9.1993 & 31.3.1995 N.A.C., Basudevpur passed a resolution for regularization of the services of DLR & NMR employees, but no steps have been taken so far as the Petitioner is concerned. The Opp. Parties 4 & 5 unanimously brought a resolution that the services of the employees in the post of Octroi Tax Collector will be regularized & they will get equal pay for equal work with effect from 1.4.1995. The list of names was sent indicating the name of the Petitioner to the Executive Officer, Basudevpur N.A.C. from which it appears that the services of the persons appointed after the joining of the Petitioner have been regularized. Though the Petitioner joined on 8.7.1987 as Octroi Tax Collector, his case has been ignored without any rhyme & reason & by passing a resolution on 31.5.1995, the Opp. Party No. 5 reduced the wages of the DLR employees from Rs. 12,500 to Rs. 5,000. Therefore, finding no other efficacious remedy, the Petitioner has filed this petition for regularization of his service from the date his juniors have been regularized & for grant of all other consequential service benefits admissible to him.

(2.) THOUGH Opp. Party No. 5 entered appearance, no counter affidavit has been filed.

(3.) MR . Sangram Das, Learned Addl. Govt. Advocate states that regularization of services is within the domain of the employer, namely, the Opp. Parties 4 & 5, N.A.C., Basudevpur & if financial condition so permits, the employer may regularizes the services of the Petitioner subject to the approval by the competent authority.