HC directs regularisation of casual labourer who served 35 years in govt veterinary farm
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Cuttack: Orissa high court has directed the regularisation of Sitaram Behera, who served for nearly 35 years as a casual labourer under the office of veterinary assistant surgeon at the Bovine Breeding Research and Bull Farm in Boudh.
The bench of Justice Aditya Kumar Mohapatra also ordered that the entire regularisation process, including payment of consequential financial benefits, be completed within three months.
Behera had approached the HC seeking quashing of an order dated Feb 2, 2024, issued by the directorate of animal husbandry and veterinary services, Odisha, which rejected his request for regularisation and absorption against a Group-D post.
Justice Mohapatra in a recent judgment observed that Behera had rendered almost uninterrupted service for over three decades, working more than 240 days per year on most occasions — a threshold recognised in law for continuous employment. "The nature of the work performed by the petitioner is perennial and essential to the functioning of the chief district veterinary officer (CDVO), Boudh," Justice Mohapatra noted in his order.
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Justice Mohapatra said that despite the lack of formal records showing a sanctioned Group-D post vacancy at the relevant time, it was evident that Behera was "exploited by the authorities" for 35 years by being paid less than regular employees performing similar work. "This court has no hesitation in coming to a conclusion that the directorate has committed an illegality by rejecting the prayer of the petitioner," the order stated.
Accordingly, Justice Mohapatra quashed the Feb 2024 order, and directed the directorate to regularise Behera's service by absorbing him against any available Group-D post. In case of no existing vacancy, the court instructed the creation of a supernumerary post, which will be abolished upon Behera's retirement.
Further, the court ordered that Behera's entire service period be considered for the purposes of continuity, seniority and pension eligibility.
It also directed the authorities to grant all consequential financial benefits due to him.
In the judgment, the HC also noted that Behera was initially engaged as a casual labour from Oct 21, 1990 and has been working continuously since the date of his initial appointment. For the years in respect of which the service of the petitioner has fallen short of 240 days, the CDVO said that only in two to three years, he had fallen short of the benchmark due to ceasework by the office for scanty water resources and stoppage of fodder production.
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