All the writ petitions are disposed of by the following
judgment for a common cause of action involved.
2. Instant writ petitions are filed by the petitioners
challenging the impugned decision of opposite party No.1 by
orders dated 22nd June, 2019 as at Annexure-13 in all the
cases) and to direct the opposite parties and in particular,
opposite party Nos.1 and 3 to allow them to continue as Data
Processing Assistants (DPAs)/Vital Statistics Clerks (VSCs)
in their existing posts and in that regard, to issue continuance
letters on the grounds stated therein and to pass such other
order(s) or issue direction(s) as may deem fit and proper in
the facts and circumstances of the case.
3. The facts of each case are not separately stated for the
sake of brevity. The case of the petitioners is that they joined
as the DPAs. The appointment of the petitioners was
contractual with a selection held pursuant to an advertisement
as per Annexure-1. In fact, opposite party No.2 issued the
advertisement to fill up 32 posts of the DPAs on contractual
basis for a period of one year in the offices of all the District
and Additional District Registrar of Birth and Death. The
petitioners faced the interview held on 15th February, 2015
and thereafter, opposite party No.2 issued the appointment
letters as per Annexure-3 in their favour and asked them to
join at the respective Head Quarters (HQs). The contractual
appointments of the petitioners were extended from time to
time. Such extension was continued till 2017. But all of a
sudden, on 20th April, 2017, opposite party No.3 intimated
the Chief District Medical Officers (CDMOs) of the State
regarding cessation of the contractual service w.e.f. 19 th May,
2017 as the Registrar General of India (RGI), New Delhi
stopped the financial assistance for hiring the manpower for
Civil Registration System (CRS) of the States. A copy of the
said letter dated 20th April, 2017 of opposite party No.3 is at
Annexure-5. But due to the shortage of staff in the offices of
the CDMOs in the State for registration of the births and
deaths, the Director, Public Health, Odisha requested the
Secretary, Health and Family Welfare, Odisha for extension
of services of 32 DPAs for a further period of one year.
Simultaneously, by letter dated 17th July, 2017 as at
Annexure-6 series, the Director, Public Health, Odisha
requested the CDMOs for submission of performance reports
for renewal of contractual service of the DPAs and the State
Coordinator, whereafter, opposite party No.3 by letter dated
25th July, 2017 extended their services for a period from 1st
April, 2017 to 28th February, 2018. Again, before expiry of
the above period, opposite party No.3 and the Director of
Health, Intelligence and Vital Statistics, Odisha by letter
dated 27th January, 2018 issued letters to the CDMOs
intimating therein that contractual services of the DPAs are to
cease on 28th February, 2018 (AN) as per the agreements
executed. A month’s notice was issued before end of
contractual services w.e.f. 28th January, 2018. But as the
CDMOs were in death of staff in their offices, opposite party
No.3 once again requested the Secretary, Health and Family
Welfare Department, Government of Odisha for extension
and it was accordingly extended by letter dated 17 th February,
2018 at Annexure-7 series.
