DWARIKANATH NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has filed this writ application with a grievance that though he has been working as Junior Assistant/Clerk on N.M.R. basis in the Cuttack Municipal Corporation (in short, 'Corporation') since 1.11.1990, his services have not been regularized.

(2.) PERUSAL of Annexure -6, i.e., Order Dated 19.7.2001 passed by the Director, Municipal Administration and Ex -Officio Additional Secretary to Government, shows that the case of the Petitioner was considered for regularization but the same was rejected because he could not be able to produce any document regarding entrustment of work of Jr. Assistant in the Corporation. Simultaneously, the Chief Executive of the Corporation has reported that there is no documentary evidence in his favour regarding entrustment of work, for which the Selection Board did not consider his case for regularization in the rank of Jr. Assistant.

(3.) IN course of hearing of this case, by Order Dated 15.12.2008 we directed the Corporation to produce the personal file of the Petitioner indicating his date of appointment. Today Learned Counsel for the O.P. Corporation files a Memo along with the communication dated 16.12.2008 addressed to its Advocate (Sri S.K. Nayak) enclosing therewith the xerox copy of the extract from the original list of N.M.R. employees of the Corporation. The aforesaid document shows that the Petitioner joined the Corporation on 1.11.1990 and his nature of work is Accounts (Clerical).