The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.233 of 2024 Arabinda Rout …. Petitioner Mr.Prasanta Ku. Mishra, Advocate -versus- State of Odisha and others …. Opp.Parties Mr.N.Pratap, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 16.01.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel. 3. The Petitioner has filed the present writ application with the following prayer: “It is prayed, therefore that this Hon'ble Court may Direct to consider graciously be pleased to; the promotion of the O.Ps i) petitioner others to the rank of Chief Engineer of Minor Irrigation Cadre against the existing vacancies by convening a D.P.C. as has been done in other Engineering cadres of same Department regularly and; ii) Further be pleased to direct to the effect that in the event the Petitioner is found suitable, he shall be promoted to the rank of Chief Engineer of Minor Irrigation cadre within a time to be stipulated; iii) Pass such other order (s), direction (s) as deem fit and proper to the facts and circumstances of the case to give complete relief to the petitioner;” 4. Learned counsel for the Petitioner submits that promotional benefit is a part of service condition and every employee has legitimate expectation to get promotion in his cadre in a time bound // 2 // manner as prescribed in Rules and Resolution dtd.10.01.2020 of G.A. Dept. & Instruction dtd.19.11.2020 of Chief Secretary, Odisha. He further submits that the Petitioner is suitable and eligible to be promoted to the post of Chief Engineer, Minor Irrigation. In the gradation list prepared by the Government, the name of the Petitioner finds place at Sl. No.2 as Additional Chief Engineer. The next promotional post of the Petitioner is Chief Engineer and the Chief Engineer, Minor Irrigation is the next promotional post of the Petitioner for the cadre to which the Petitioner belongs. Therefore, it is submitted that the Petitioner has every right to be considered for promotion to the post of Chief Engineer, Minor Irrigation. It is further submitted that the Petitioner has a constitutional right as conferred under Articles 14 and 16 of the Constitution of India to be considered for promotion. In the instant case, as submitted by the learned counsel for the Petitioner, the authorities have violated the right of the Petitioner by deliberately not holding D.P.C. and on the other hand by manning the post of Chief Engineer (M.I.) by deputing Chief Engineers from different cadre as in charge Chief Engineer without considering the case of the Petitioner for promotion to the post of Chief Engineer in M.I. Cadre from among the Additional Chief Engineers of M.I. Cadre. Pursuant to Annexure-7 notification dtd.15.12.2023 one Purna Chandra Rath of major and medium irrigation cadre, on promotion, has been posted as Chief Engineer, Minor Irrigation BBSR at the cost of petitioner and other eligible Additional Chief Engineers of M.I. cadre. 5. Learned counsel for the Petitioner further submits that the Petitioner is going to retire on 31.05.2024. Therefore, the Petitioner has approached this Court seeking for a direction to consider his case for promotion to the post of Chief Engineer in M.I. cadre as he is // 3 // eligible to be promoted to the post of Chief Engineer, Minor Irrigation from December, 2023 as all three posts are lying vacant and before his retirement he could have been promoted as Engineer- in-Chief. 6. Further referring to notification dated 15.12.2023 of the Department of Water Resources, Government of Odisha which was filed as Annexure-7 to the writ application, learned counsel for the Petitioner submits that the post of Chief Engineer, Minor Irrigation has been manned by Engineers deputed from outside cadre. In such view of the matter learned counsel for the Petitioner urges before this Court let a direction be issued to the authority to immediately convene a D.P.C. and to give promotion to the Petitioner immediately as has been done in major & medium cadre of Water Resources Dept., Odisha. 7. Learned Additional Standing Counsel on the other hand submits that an attempt was made earlier to convene the D.P.C, however, the same has not taken place as of now. He further submits that it is not the case that some persons were given promotion by the D.P.C. and the Petitioner was ignored. So far as the present Petitioner is concerned, the D.P.C. has not taken place, therefore, he submits that he cannot claim his promotion as a matter of right. In such view of the matter, learned Additional Standing Counsel prays for dismissal of the writ application. 8. Having heard learned counsel for the parties and upon perusal of the records placed on record and after taking into consideration the facts and circumstances of the present case, this Court is of the considered view that there was no impediment for holding D.P.C. for consideration of promotion to the post of Chief Engineer in M.I. cadre as all three posts are lying vacant and manning those posts by // 4 // the officers of other cadre certainly affects the service conditions and promotional avenues of the Petitioner. Further, this Court is of the view that the promotion is a legitimate expectation of a Government employee and a model employer should ensure timely promotion of the employees in the senior level, otherwise the same would demoralize the Government Officers who are eligible for such promotion. In the present case, the Petitioner is going to retire on 31.05.2024 and he is the senior most Additional Chief Engineer of M.I. Cadre and had the Opposite Parties considered his promotion in right time, he would have been now promoted to Engineer-in-Chief which is also lying vacant. However, he has time to be considered for promotion to Engineer-in-Chief in cadre, in the event he is promoted to Chief Engineer during this month. 9. Considering aforesaid facts and circumstances the Opposite Parties directed to consider the case of the Petitioner and others for promotion to the post of Chief Engineer of M.I. cadre by convening a D.P.C. in this month as per Rules subject to fulfillment of other criteria and if found suitable, he shall be promoted to the post of Chief Engineer in Minor Irrigation cadre. It is also directed that the posts of Chief Engineer and Engineer-in-Chief of M.I. cadre shall not be filled up by posting from other cadre. Let the entire exercise be completed by 29th of February, 2024. 10. With the aforesaid observation, the writ application stands disposed of. 11. Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 17-Jan-2024 18:04:26