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

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 10^th 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.

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