S.PANDA,J. - (1.) The order dated 14.05.2015 passed by Orissa Administrative Tribunal in O.A. No.3421 of 2014 is assailed in this writ petition, wherein the prayer of the petitioner for regularization/absorption in the post of Junior Data Entry Operator/Computer Operator with all consequential benefits, as has been extended to other similarly situated persons, has been rejected.
(2.) The brief fact leading to the writ application is as follows: The petitioner having Post Graduate Diploma in Computer Application engaged as Computer Operator in P.H. Sub-Division, Baripada under Executive Engineer, RWSS, Balasore on 01.09.1995. Thereafter, his service was handed over to P.H. Division, Baripada. The Chief Engineer, PH (Urban) vide office order dated 06.11.2002 intimated to the F.A.-cum-Joint Secretary to Government, Housing and Urban Development Department, Bhubaneswar that the petitioner has been directed to work as Computer Operator in Housing and Urban Development Department. Pursuant to such order, the petitioner continued to work as Computer Operator in Housing and Urban Development Department on a consolidated salary of Rs. 7000/-. While working as such, the applicant requested the authorities of P.H. Division as well as the authorities of Housing and Urban Development Department for regularization of his service. Thereafter on the basis of the instruction given by the Chief Engineer, PH (Urban), the Executive Engineer, PH, Baripada furnished a list of employees wherein the name of the petitioner was reflected. In the office of the Housing and Urban Development Department also proposals have been mooted by the authorities to create posts of Data Entry Operator and to regularize the petitioner as no such post of Data Entry Operator was available earlier and the same were required after computerization of official work. The opposite party no.2 also in his note dated 16.08.2004 requested the Finance Department to consider the case of the petitioner. The Finance Department granted concurrence for creation of two posts of Junior DEOs in Housing and Urban Development Department. The said two posts have been filled up on out sourcing basis by service providers. However, the case of the petitioner was considered in the said vacancy. On the other hand several similarly situated persons were regularized. Therefore, the petitioner approached the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 3421 of 2013 with a prayer to direct the opposite parties to regularize/absorb the petitioner in the post of Junior Data Entry Operator/Computer Operator with all service and financial benefits as has been extended to other similarly situated persons.
(3.) The stand of the petitioner before the Tribunal was that he has been working since 1995 and the persons who are similarly situated like him have already been extended with the benefit of regularization one in the year 2004 and another in the year 2013. While he was continuing in Housing and Urban Development Department, though two posts were sanctioned by the Finance Department, the same were filled up on outsourcing basis. Therefore, non consideration of the case of the petitioner is illegal and discriminatory.;