p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16133 of 2020 Sil Subash Chandra Nayak …. Petitioner Mr. B.S. Tripathy, Sr. Advocate -Versus- State of Odisha and another …. Opposite Parties Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.03.2026 05. 1. Heard Mr. Tripathy, learned Senior Advocate appearing for the petitioner and Mr. Pana, learned counsel ASC for the State opposite party No.1. 2. Instant writ petition is filed by the petitioner for a direction to the opposite parties to regularize his service as Tax Collector in the scale of pay of Rs.5, 200/-Rs. 20,200/- with Grade Pay of Rs.1900/- with effect from 1st March, 2009, the date on which, his junior Dillip Kumar Barik was regularized by the orders of opposite party No.1 vide Annexure-5 and on such other grounds stated. 3. Referring to a copy of the judgment in W.P.(C) No.26171 of 2023 dated 15th October, 2025 of a Co-ordinate Bench of this Court, Mr. Tripathy, learned Senior Advocate for the petitioner would submit that the petitioner is a similarly situated as he was engaged on NMR basis in establishment of opposite party No.2 and continuing till date. The further submission is that the order of opposite party No.1 vide p. 2 Annexure-5 is in respect of Dillip Kumar Barik, whose service was regularized and in so far as Bauri Bandhu Jena is concerned, his regularization has been directed by this Court in W.P.(C) No.26171 of 2023. Furthermore, relying on order dated 19th October, 2022 (Suchitranjali Roy Vrs. State of Odisha and others) in W.P.(C) No.403 of 2022, it is contended that in an identical case in respect of an employee of Cuttack Municipal Corporation, direction has been given to absorb him in the regular establishment within a stipulated period. The contention is that the petitioner since similarly situated like the other two named above and in view of the direction for regularization in W.P.(C) No.26171 of 2023, his service should be regularized in terms of Annexure-2. 4. Recorded the submission of Mr. Panda, learned ASC for the State opposite party No.1. It is contended by Mr. Panda, learned ASC that the petitioner is in service by virtue of an interim order of this Court and his regularization of service cannot be allowed in view of the decision in Secretary, State of Karnataka and others Vrs. Umadevi (3) and others (2006) 4 SCC 1. Mr. Tripathy, learned Senior Advocate on the other hand would submit that the said aspect has been considered by this Court in Bauribandhu Jena (supra) with the contention that the petitioner herein similarly placed as was engaged as an NMR in the establishment and continuing in service without break in engagement from the date of appointment prior to the cut-off date, hence, deserves p. 3 regularization and therefore, any such objection from the side of the State is not to be entertained. 5. In Bauribandhu Jena case, the decisions of the Apex Court in Uma Devi (supra) and also Jaggo Vrs. Union of India and others 2024 SCC Online SC 3826; Shripal and another Vrs. Nagar Nigam, Ghaziabad, 2025 SCC OnLine SC 221; and Dharam Singh and others Vrs. State of U.P. and another in Civil Appeal No.8157 of 2024 have been referred to. In so far as the case of the petitioner is concerned, he has been in service ever since 8th April, 1997, whereas, as per Annexure-2, the cut-off date 19th May, 1997 and therefore, it has to be held that he is entitled to regularization. In so far as the circular of the Finance Department, Government of Odisha dated 15th May, 1997 is concerned, it has been dealt with in Suchitranjali Roy (supra) that the same is not applicable in so far as the cut-off date is concerned. Considering the above facts and submissions of learned counsel for the respective parties and regularization of one of the employees, namely, Dillip Kumar Barik as Tax Collector vide Annexure-4 and notification as per Annexure-5 vis-à-vis Odisha Municipal Finance Services Cadre and that there has been no break in service of the petitioner ever since initial appointment, this Court reaches at a conclusion that his service should be regularized with a direction for his absorption with effect from 1st March, 2009, the date on which, said Dillip Kumar Barik’s service was regularized by the order of opposite party No.1. 6. 6. Accordingly, it is directed. Page 4 of 4 7. In the result, the writ petition stands allowed with a direction to opposite party No.1 to regularize the service of the petitioner as Tax Collector in the scale of pay of Rs.5, 200/-Rs. 20,200/- with Grade Pay of Rs.1900/- with effect from 1st March, 2009 complying the same at the earliest preferably within a period of eight weeks from the date of receipt of a copy of this order and also at the same time, to grant him consequential service benefits from the date of regularization. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU