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3. For just and proper adjudication of the case, the factual matrix of W.P.(C) No. 16906 of 2020 is taken into consideration.

3.1 Due to increase of workload in the undivided Local Fund Audit Organization during the financial year 2006-07 covering audit in favour about 5000 institutions, including 314 Panchayat Samities, 101 Urban Local Bodies, 9 Universities, 453 Aided colleges, // 4 // 2199 Aided High Schools, 398 Endowments and other institutions, including B.Sc., CHSE (208 Schools and +2 Colleges) and 6234 Gram Panchayats, a proposal was moved by the Government in Finance Department for computerization of all the Audit Offices for their efficiency by abolition of all the existing base level ministerial posts and vacancies with consequential creation of 60 Data Entry Operators. Finally, the proposal was approved by the then Finance Minister on 01.06.2006 with creation of 30 Data Entry Operators at a consolidated amount of Rs.4000/- per month on contractual basis. Accordingly, the Finance Department requested one outsourcing agency, M/s Mind Mart, vide letter dated 15.02.2007, to provide suitable 20 numbers of Data Entry Operators to be engaged in different offices of Local Fund Audit organization. The minimum educational qualification for Data Entry Operators, as prescribed by the opposite party no.1, was Graduate in any discipline with PGDCA and having a typing speed of 40 words per minute in // 5 // English and well conversant with Computer and essential knowledge in MS Office, Internet and Lan functioning and should not be below 18 years and above 40 years of age. Pursuant thereto, the service provider M/s. Mind Mart conducted selection by way of Walk-in-Interview for preparation of a panel of Data Entry Operators through a selection process. Upon completing the selection process, a panel was prepared and communicated to the Finance Department for issuance of the engagement order in favour of the 20 numbers of Data Entry Operators in different offices of Local Fund Audit Organisation under the Finance Department. The petitioner was selected and the service provider issued order of deployment in favour of her as Data Entry Operator under Local Fund Audit Organisation and allowed her to join in the office of the District Audit Officer, LFA, Cuttack. Subsequently, the petitioner was transferred and re-deployed at various Audit Offices and ultimately posted in the Directorate of Local Fund Audit, Bhubaneswar. Thereafter, the // 6 // service book in the name of each of the Data Entry Operators was opened. The Local Fund Audit Organization was restructured and one independent Head of the Department under the Finance Department, namely directorate of Local Fund Audit headed by the Director, Local Fund Audit was created vide Finance Department Resolution dated 11.07.2012, for which contractual Data Entry Operator posts were also created, vide Finance Department Resolution dated 11.07.2012. Initially, for continuance of 30 number of Data Entry Operators created during the Financial Year 2006-07 and further 4 number of Data Entry Operators were created, vide letter dated 11.07.2012, and 13 number of base level posts of Junior Grade Typist were abolished vide letter dated 05.12.2014. The tenure of contract of the Service Provider, namely, M/s Mind Mart was expired with effect from January, 2013. Thereafter, opposite party No.2 had assigned the engagement of Data Entry Operators including the petitioner to another agency, // 7 // namely M/s. Bharat Security Services, which was selected through open bidding process. While providing work order vide letter dated 28.01.2013 direction was given to the said agency to supply requisite manpower to 11 organisations with effect from 01.02.2013 with the specific conditions as prescribed under Clause-8 of the work order dated 28.01.2013, which reads as follows:-