Begin typing your search above and press return to search.
News Updates

Peon Served For 20 Yrs On Temporary Basis Despite Clear Vacancy- "It Amounts To Employee's Exploitation": Orissa High Court

Sparsh Upadhyay
4 April 2021 3:41 PM GMT
Peon Served For 20 Yrs On Temporary Basis Despite Clear Vacancy- It Amounts To Employees Exploitation: Orissa High Court
x

The Orissa High Court last week expressed its displeasure with the state government for employing a person (as a Night Watcher-cum-Peon) on a temporary basis for 20 years despite there being a clear vacancy against the post. Hearing the plea of one Jambeswar Sahoo who worked for 20 years-long as an ad hoc employee, the Bench of Justice Biswanath Rath observed, "The matter...

The Orissa High Court last week expressed its displeasure with the state government for employing a person (as a Night Watcher-cum-Peon) on a temporary basis for 20 years despite there being a clear vacancy against the post.

Hearing the plea of one Jambeswar Sahoo who worked for 20 years-long as an ad hoc employee, the Bench of Justice Biswanath Rath observed,

"The matter of taking out service from the petitioner for long 20 years on a temporary basis in the presence of a clear vacancy in the post of Peon amounts to exploitation of employee."

Facts in brief

The Petitioner was engaged on 10th September 2001, as a Night Watcher-cum-Peon, however, he worked in the office of the child development project officer (CDPO), as a peon since 1990.

Thereafter, he moved High Court seeking direction for regularisation of his service. His lawyer submitted that he had been in service for more than 30 years on a temporary basis.

Pursuant to this, the Court noted that he had been working as a night watchman-cum-peon on a temporary basis since 2001, while a regular post of peon had remained vacant.

Court's directions

Taking into account Apex Court's rulings in the cases of Secretary State of Karnataka and Others Vrs. Umadevi and Others (2006) 4 SCC 1 and State of Karnataka & others Vrs. M.L. Kesari & others, involving SLP(C) No.15774 of 2006, the Court observed that taking his services for 20 years amounts to exploitation.

Further, taking into consideration that there was one vacant post in the position of Peon in the particular establishment, the Court directed the Child Development Project Officer, Kakatpur,

"To take a decision to regularize the petitioner in the vacant post of Peon by completing the entire exercise within a period of six weeks from the date of communication of the order."

The Court further directed that the petitioner, who had already completed more than 20 years long as an ad hoc employee, be considered for grant of appropriate pension.

With the above observation and direction, the writ petition stood disposed of.

Click Here To Download Order

Read Order

Next Story