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1. The present writ petition has been registered on transfer of O.A. No.2430 (C) of 2015 to this court upon abolition of Odisha Administrative Tribunal, Cuttack Bench, Cuttack. The Petitioner, who is working as a Data Entry Operator (in short ' the D.E.O.') // 3 // in the office of Opposite Party No.1 as an applicant has filed the Original Application seeking for a direction to the Respondent (Opposite Parties) in the present writ petition to treat the applicant-Petitioner as contractual employee and subsequently take steps to regularize the service as has been done in the case of similarly placed employees working in the Department of Higher Education Department, Animal Husbandry and Fisheries etc.

2. The factual backdrop of the case, in a nutshell, is that the Petitioner, who is a Bachelor in Arts and Diploma in PGDCA, was initially appointed as Data Entry Operator through a manpower outsourcing agency called 'M/s. Mind Mart'. While continuing as such, a requisition was made by the Opposite Party No.1 to the said out sourcing agency for deployment of Data Entry Operator. Pursuant to the said requisition letter, the proprietor of 'M/s. Mind Mart' vide letter dated 08.12.2007 inform the Opposite Party No.1 enclosing Bio-Data of many candidates including that of the Petitioner for necessary action.

3. The Petitioner was engaged by the Opposite Party No.1 as Data Entry Operator. The Petitioner joined in duty by submitting his joining report on 08.10.2007. In course of his engagement, the Petitioner was assigned with different works by issuing office orders by the Opposite Party No.1. Pursuant to office order, the Petitioner joined in the State PPP Cell of the Planning and Coordination Department as Contractual Data Entry Operator. Further vide letter dated 06.06.2012 an office order was issued directing the Petitioner to work as D.E.O. under the Joint Director and Deputy Director. The Petitioner was working as // 4 // D.E.O. under the Deputy Director under the Planning and Coordination Department. While working as such, the pay of the Petitioner had been enhanced to Rs.5,200/- plus Grade Pay Rs.1,900/- per month w.e.f. 12.08.2014 with the concurrence of the Finance Department vide Circular dated 06.12.2014.

16. Since the factual backgrounds of the aforesaid writ petitions are identical, the prayer made therein are also similar, these five writ petitions are being taken up together for hearing.

17. Heard learned counsels for the Petitioners and learned Additional Government Advocate for the State. Perused the // 10 // records and judgments cited by the respective parties in support of their contentions.

18. Learned counsel for the Petitioners submitted that the Petitioners were initially engaged as Data Entry Operator by the Planning and Coordination Department, Government of Odisha. The names of the Petitioners were sponsored by the manpower service provider agency, namely, M/s. Mind Mart. The Petitioner in the WP C (OAC) No.2430 of 2015 was initially appointed on 08.10.2007 and the other Petitioners, similarly, were also engaged by the Planning and Coordination Department, Government of Odisha as D.E.Os almost at the same time when the Petitioner in WP C (OAC) No.2430 of 2015 was appointed. Since the date of their initial appointment, these Petitioners have been discharging their duties regularly and diligently. By the turn of the century, the Government of Odisha started transformation of all the departments and offices and gradually adopted computerization. As a result of which a large number of D.E.Os., who are having required qualification and degree in computer applications were engaged by the Government Department for day-to-day work. The nature of work these D.E.Os were performing, the same are perennial in nature.