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Judgment
Mr. Khuntia , learned Additional Government Advocate (AGA) for the Appellant drew attention of this Court to the Odisha Group C and Group D Posts ( Contractual Appointment) Rules, 2013 and submitted that among the many grounds urged by the Appellants to assail the impugned judgment dated 9th September, 2021 of the learned Single Judge one is that the learned Single Judge was in error in observing that the above rules have no application in view of the earlier resolution dated 17th September, 2013 of the General Administration Department (GAD). According to him, the Respondents would be considered in their turn for regularization in terms of Rule 5 read with Rule 8 (a) of the aforementioned Rules and that the decision in State of Karnataka v. Uma Dei (3), (2006) 4 SCC 1 will have no application since the contractual appointments of the Data Entry Operators (DEOs) in the present case were not against the sanctioned posts of DEOs but the sanctioned post of Junior Clerks and that too on a short term contractual basis.
When asked by the Court how many of the existing contractual employees have in fact benefited by Rule 8(a) of the 2013 Rules, AGA short time for instructions.
The further submission of the learned AGA is that the GAD resolution dated 17th September, 2013 has to be read with the subsequent resolution dated 16th January, 2014 which further clarifies the conditions on which the contractual appointees are eligible for regularization. It is submitted that a High Power Committee (HPC) has to examine whether in fact the contractual employees satisfy the conditions for being regularized. When asked whether in the present case an HPC was constituted to consider the claims of the Respondents, again Mr. Khuntia states that he has to seek instructions.
Mr. Tripathy, learned counsel states that the Respondents do not intend to file any contempt petition as of now. In that view of the matter, no interim orders are called for.
An additional affidavit be filed by the Appellant within two weeks clarifying the above aspects.
List on 18th January, 2022.
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