CUTTACK, India, April 18 -- Orissa High Court issued the following order on March 17:

1. This matter is taken up through hybrid mode.

2. It is submitted by Mr. Dash, learned Additional Standing Counsel that costs of Rs.5,000/- (rupees five thousand) has already been paid to the learned counsel for the Respondent pursuant to the order dated 10th February, 2026 passed in I.A. No.2475 of 2023.

3. Mr. Panda, learned counsel for the Respondent submits that he has received the costs of Rs.5,000/- (rupees five thousand).

4. A Memo to that effect along with relevant documents filed by the learned Additional Standing Counsel is received from the Registry and is taken on record.

5. On the request of Mr. Panda, learned Counsel for the Respondent and on consent of Mr. Dash, learned Additional Standing Counsel for the Appellants, the writ appeal is taken up for final disposal.

6. The State of Odisha and its functionaries have filed this intra-court appeal assailing the order dated 12th September, 2022(Annexure-1) passed by this Court in WPC(OA) No.356 of 2018, wherein, learned Single Judge relying upon the case of Rajendra Kumar Nayak Vs. Orissa Mining Corporation Ltd. & others, reported in 2017 (II) ILR-CUT-912, set aside the orders under Annexures-8, 10 & 11 to the writ petition so far it relates to the present Respondent and remitted the matter to the Authorities to consider the case of the Respondent for regularization in terms of Rajendra Kumar Nayak (supra).

7. Mr. Dash, learned Additional Standing Counsel submits that the Respondent was initially appointed as a daily wage driver on 8th July, 1997 in the Office of the Superintendent of Excise, Jajpur. The order of engagement was issued in terms of a communication made on 6th May, 1997 by the Excise Commissioner referring to the proposal for creation of 11 numbers of posts of driver, which was pending then with the Government. While continuing as such, the Excise Commissioner, Odisha vide his letter No.7507 dated 20th October, 2010 requested the Excise Department to place before the Government for creation of 10 posts of contractual driver to suitably absorb the daily wage drivers including the Respondent, who were working as daily wage drivers for more than ten years and to allow all such drivers appointed on daily wage basis to draw their salary at par with the contractual employees. Some intra-departmental communications were made thereafter. When the matter stood thus, the Government vide letter No.4465 dated 21st July, 2016 conveyed sanction of the Governor for creation of 9 posts of driver on contractual basis in different excise offices of the 9 districts including Jajpur with a stipulation that such newly created posts shall be filled up on contractual basis as per the Rules prevailing then.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpFYdqN53AHXUEFVM5pCEqUTrOcfTBmMhyN8zs6wlvOc%2F&caseno=WA/964/2023&cCode=1&cino=ODHC010364192023&state_code=11&appFlag=)

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