Pratap Kishore Panda & Ors vs Agni Charan Das & Ors on 16 October, 2015
48] In Pratap Kishore Panda vs. Agni Charan Das20, the issue
arose as to whether the grant of benefit of regularisation to employees
who were recruited without involving Orissa Public Service
Commission (OPSC) was legal and valid, considering in particular, the
decision of the Constitution Bench in Secretary, State of Karnataka
vs. Umadevi21, the Hon'ble Supreme Court after adverting to the fact
situation ruled that such regularisation from the date of initial
appointment was legal and valid, particularly since the recruitment
made was neither capricious nor arbitrary, even though, the OPSC
was not involved in the recruitment process. The Hon'ble Supreme
Court observed that this was not a case of ad hoc employees being
selected in a whimsical, inconsistent or haphazard manner or in order
to favour some individuals. The incumbents were sponsored by
employment exchange and over 400 candidates were found suitable
by duly constituted selection committee which interviewed them. It
19 M/s. Mideast Integrated Steel Limited and anr. Vs. State of Odisha - W.P.(C) No. 17403 of 2012
decided on 16-12-2015, by Division Bench comprising Hon'ble Chief Justice Mr. D.H. Waghela
and the Hon'ble Mr. Justice Biswanath Rath
20 2016 (2) ALL MR 461 (S.C.)
21 (2006) 4 SCC 1
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was not a relaxation of the rules in order to favour a few, but was the
consequence of following an alternate method of selection intended to
remedy a malady in the recruitment of SC/ST candidates. The
sponsorship of employment exchange and subsequent interview by a
duly constituted selection committee was itself a valid alternate for
recruitment by way of OPSC competitive examination. For this
purpose, the Hon'ble Supreme Court also made reference to the
provisions contained in Article 320(4) of the Constitution of India and
Section 9 (4) of O.R.V. Act. In this batch of petitions also, we are
concerned with the appointment of respondents employees appointed
to permanent, clear, substantive and sanctioned vacancies, though on
temporary basis consequent upon sponsorship of their names by
employment exchange and in pursuance of selection process which
was fair, transparent and above board. Such respondent - employees,
right from the date of their initial appointment have been extended
benefits of regular pay scale, increments, leave, transfer, GPF etc. The
services of such respondent - employees from the date of their initial
appointment has been taken into consideration for practically all
purposes, including pensionary benefits (except perhaps seniority).