The High Court · 2024
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10159 and 10162 of 2021 (Under Articles 226 and 227 of the Constitution of India) W.P.(C) No.10159/2021 Bidyadhar Panda & Others …. Petitioners -versus- North Eastern Electricity Supply Company of Odisha Limited (NESCO Utility), Balasore & Others …. Opposite Parties W.P.(C) No.10162/2021 Santosh Kumar Parida &Others …. Petitioners -versus- …. Opposite Parties North Eastern Electricity Supply Company of Odisha Limited (NESCO Utility), Balasore & Others Advocate(s) appeared in this case:- For Petitioners
Legal Reasoning
: Mr.Prasanta Kumar Satapathy, Advocate (In both writ petitions) For Opposite Parties : Mr. Pradipta Kumar Mohanty, Senior Advocate (In both writ petitions) W.P.(C) Nos.10159 & 10162 of 2021 Page 1 of 6 CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 3rd December 2024 B.P. Routray, J. 1. Heard Mr. Satapathy, learned counsel for the Petitioners, Mr.Mohanty, learned Senior Counsel for Opposite Parties No.1 to 4 and 16. None appears on call for private Opposite Parties 5 to 15 despite sufficient service of notice and the name of the lawyer for some of them is reflected in the cause list. 2. The Petitioners have prayed for quashing of order dated 23.02.2021 under Annexure-1 as well as the promotion orders dated 23.08.2012 and 24.09.2012 in respect of the private Opposite Parties. The Petitioners have also prayed to consider their claim for promotion from the date of their juniors Viz. Opposite Party Nos.5 to 15 were promoted and to restore their seniority in the matter of further promotion. 3. According to the parties, gradation list dated 28.08.2009 (Annexure-10) is still governing inter se seniority between the employees of North Eastern Electricity Supply Company of Odisha Limited (presently known as TATA Power North Odisha Distribution Limited, i.e. TPNODL), Opposite Party Nos.1 to 4. The seniority list among such employees as per Annexure-10 is not disputed by any of the parties. Annexure-10 is the gradation list amongst Junior Engineers/Managers in E-2 Grade. The position of the Petitioners in both the writ petitions and the respective Opposite Parties in the W.P.(C) Nos.10159 & 10162 of 2021 Page 2 of 6 gradation list under Annexure-10 has been stated in detail in a Tabular form at Paragraph-21 of the writ petition. The same is reproduced as follows:- Petitioner name/position Opp. Party name/position Bhagirathi Panda/50 Sitanshu Sekhar Satapathy/78 Santosh Kumar Parida/52 Debasabita Nayak/64 Bidyadhar Panda/61 Bibhudatta Sahu/63 Ranjit Behera/70 Ananta Bandhu Charan Das/76 Biranchi Narayan Dalai/53 Sarbeswar Sahoo/46 Lalit Narayan Das/44 Manoj Kumar Nayak/34 Rakesh Das/32 Nila Kamal Pattanayak/31 Girija Sankar Nayak/30 Susil Kumar Mohanty/29 Tapan Kumar Sahoo/28 Subrata Khatua/27 Krushna Chandra Sethy/25 It needs to be mentioned here that the position of each employee in the gradation list dated 28.08.2009 (Annexure-10) remains undisputed. As both the writ petitions are involving same issues and contains similar prayer against the same Opposite Parties, both are
Decision
heard together and disposed of by this common judgment. 4. Initially Opposite Party Nos.5 to 15 were promoted from E-2 Grade to E-3 Grade on 23.08.2012 and 24.09.2012 (Annexure-4 series). Then considering the grievance of other employees, the Authorities reverted Opposite Party Nos.5 to 15 to E-I Grade and cancelled their promotion as such as per order dated 30.12.2013 under Annexure-7. The same was challenged by those Opposite Parties before this Court in different writ petitions and writ appeals. As per the W.P.(C) Nos.10159 & 10162 of 2021 Page 3 of 6 order passed by this Court, such cancellation of promotion to those Opposite Parties were reconsidered by the Authorities vide Order dated 23.02.2021 (Annexure-1). The Authorities at Annexure-1, have restored their promotion order as per Annexure-4 series. In the said order under Annexure-1, the Authorities have come to the finding that there is apparent error committed by the DPC held on 22.08.2012 and 23.09.2012 where promotion policy was not followed and the guidelines of EPAR rating was violated. Simultaneously, it is also held that since the cancellation of promotion was issued without granting any opportunity of hearing to the affected parties and they have received one increment in promotional post, the decision of cancellation of promotion was illegal since the same was violating the principles of natural justice. 5. It is submitted on behalf of the Petitioners that since their seniority over those Opposite Parties is admitted as per the gradation list under Annexure-10 and the promotion to those private Opposite Parties has been found to be illegal by the Authority, these Petitioners should have been given such promotional benefits from the date those Opposite Parties have been promoted. 6. Opposite Parties No.1 to 4 and 16, who is the Authority (TPNODL) have filed their counter admitting the stand of the Petitioners that Private Opposite Parties No.5 to 15 have been illegally promoted by the then Authorities and the Petitioners, who are senior as per their respective position in the gradation list, have been left out from the benefits. It is further stated that since the orders passed by this Court in the earlier writ petitions and writ appeals preferred by those W.P.(C) Nos.10159 & 10162 of 2021 Page 4 of 6 Opposite Parties, their cancellation of promotion was treated as illegal and the Authorities have granted all such benefits in favour of those private Opposite Parties. 7. As seen from the above narration of facts, the seniority of the Petitioners in their respective position in the gradation list under Annexure-10 is never disputed. It is also found to that in the opinion of the Authorities, such promotion orders dated 23.08.2012 and 24.09.2012 (Annexure-4 series) granted in favour of the private Opposite Parties were illegal for violation of the promotion policy and error committed by the DPC. Despite such finding of the Authority, the promotional orders of private Opposite Parties have been confirmed for the reason that their order of cancellation of promotion was violating the principles of natural justice. Nonetheless, it is the admitted position now that all such Petitioners and private Opposite Parties have got their respective promotion not only to E-3 Grade but also to E-4 Grade in course of time. According to the Petitioners, now the Opposite Parties are going to be considered for the promotion in E-5 Grade and the Petitioners are deprived of their seniority for further consideration against those Opposite Parties only for the reason that they have been earlier promoted as per Annexure-4 series. When the seniority of the parties as per the gradation list under Annexure-10 is not disputed and in the opinion of the employer, such promotion granted in favour of private Opposite Parties as per the orders under Annexure-4 series were violative of the principles of promotion and guidelines thereof, the seniority of the Petitioners for further promotion cannot be ignored at the present stage. Since more than one promotion has been extended in favour of the parties in the meantime this Court is not inclined to W.P.(C) Nos.10159 & 10162 of 2021 Page 5 of 6 disturb the position by creating further complications. At this stage, it needs to be stated here that the principle of promotion as per the promotion policy under the existing regulations is to count merit-cum- suitability with due regard to seniority. So, the seniority of the Petitioners being remained unquestioned and undisputed, the authorities must consider the same while taking up further promotion for next higher grade amongst the employees in the hierarchy. 8. The writ petitions are accordingly disposed of without disturbing the existing position of parties but with a direction to Opposite Party Nos.1 to 4 and 16 to consider the seniority of the present Petitioners as well as private Opposite Parties while taking up further promotion in the hierarchy as per the gradation list under Annexure-10. (B.P. Routray) Judge Himansu/P.A. Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 16-Dec-2024 14:40:05 W.P.(C) Nos.10159 & 10162 of 2021 Page 6 of 6