SABITRI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner who has been allegedly discriminated from amongst similarly situated persons has sought relief of regularization of her service by way of this Writ Petition.

(2.) THE petitioner was initially appointed as a Junior Typist in Cuttack Development Authority on casual basis for a period of 44 days on a consolidated salary of Rs. 2,679/ - per month, vide appointment Order No. 3798 dtd. 27.3.1998 as an unreserved woman candidate. Thereafter she continued to work as Junior Typist by periodical appointments of 44 days each. In the meantime the State Government in Housing and Urban Development Department, vide Order No. 14445/HUD/TP -OM -272000 dtd. 4.5.2000, ordered that no post be filled up and no appointment/ engagement of staff (Regular/ H.R./D.L.R./N.M.R./Casual Labour/Work Charge) be made in any cadre of the Planning Authority without prior approval of the State Government. Further vide Order No. 39794/F dtd. 26th September, 2000 the State Government in Finance Department issued a circular stating that the 'State Government in Finance Department O.M. No. 31271 dtd. 16.7.1999 decided to abolish 50% of the base level vacancies existing as on 1.7.1999 and to reduce man power by 10% in course of three years in Finance Department O.M. No. 34383 dtd. 7.8.1999 in accordance with the MoU signed with Government of India which has also been approved by the State Cabinet', which was applicable to the Cuttack Development Authority.

(3.) IN his affidavit the Vice -Chairman of the C.D.A. has stated that the Chairman has already approved the proposal of regularization of the service of the petitioner in Office File No. ADM -MS -68/67(P) and consequently, the State Government in H&UD; Department has been requested to accord necessary permission to the same. Such permission is very much necessary in view of the restriction imposed by the Government in H&UD; Department as the Government has abolished the base level vacancy as on 1.7.1999, vide Resolution No. 38328 dtd. 12.10.1999 and in view of the same there exists no vacancy to regularize/absorb/appoint the petitioner.