The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8118 of 2023 Mrs. Bedamati Parimita Panda & Another …. Petitioners Mr. P.K. Mishra, Advocate State of Odisha & Ors. -versus- …. Opposite Parties Mr. C.K. Pradhan, AGA Mr. J.K. Rath, Sr. Advocate along with Mr. B. Jena, Adv. for Pvt. Opp. Parties CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 23.10.2025 17. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel appearing for the Parties. 3. The present Writ Petition has been filed inter alia challenging the final gradation list of Asst. Engineer (Civil) published on 09.03.2023 under Annexure-7. In the said gradation list, Petitioners without any reason and basis were placed below the private Opposite Parties and accordingly they became aggrieved and before this Court challenging Annexure-7. 4. It is the case of the Petitioners that Petitioners and the private Opposite Parties while continuing as Junior Engineer (Civil), in the final gradation list of // 2 // Junior Engineer (Civil) published on 24.10.2017 under Annexure-4, Petitioners while were placed at S.L. Nos.13 and 14, all the private Opposite Parties were placed below them starting from Sl. No.20 onwards.
Legal Reasoning
4.1. It is contended that while so continuing as Junior Engineer (Civil) with their position reflected in the final gradation list published under Annexure-4, Petitioners and the private Opposite Parties were promoted to the rank of Asst. Engineer (Civil) on ad hoc basis vide Notification dtd.12.06.2019 under Annexure-5. 4.2. After being so promoted to the rank of Asst. Engineer (Civil), in the provisional gradation list of Asst. Engineer (Civil) published on 20.10.2022 under Annexure-6, Petitioners as like Annexure-4, were also placed above the private Opposite Parties having been place at S.L. Nos.88 and 89 and all the private Opposite Parties were placed below them. 4.3. It is contended that since the Petitioners were placed above the private Opposite Parties in the provisional gradation list of Asst. Engineer (Civil) published under Annexure-6, they never raised any objection to their placement. But all & sudden while publishing the impugned final gradation dtd.09.03.2023 under Annexure-7, Petitioners were placed below the private Opposite Parties. While Petitioners have been placed at Sl. Nos.97 and 98, Page 2 of 8 // 3 // private Opposite Parties have been placed above the Petitioners. 4.4. It is contended that since in the final gradation list of Junior Engineer published under Annexure-4, Petitioners were placed above the private Opposite Parties, which was never assailed at any point of time, after being promoted to the rank of Asst. Engineer (Civil) vide a common notification issued on 12.06.2019, Petitioners on the face of their seniority in the rank of Junior Engineer under Annexure-4 and their placement over the private Opposite Parties in the provisional gradation list published under Annexure-6, they could not have been placed below the private opposite parties in the impugned final gradation list published on 09.03.2023 under Annexure-7. 4.5. It is accordingly contended that publication of the impugned final gradation list in placing the Petitioners below the private Opposite Parties, requires interference of this Court. 5. Learned Addl. Government Advocate for the State on the other hand made his submission basing on the stand taken in the counter affidavit so filed by Opposite Party Nos.1 to 4, more particularly in Para-10 and 13 of the counter affidavit. Para-10 and 13 of the counter affidavit reads as follows:- Page 3 of 8 // 4 // “10. That, in reply to the averments made in Para-6 of the Writ Petition, it is humbly submitted that, upon completion of six years of contractual service, the Diploma Engineers have been absorbed under the Regular Establishment vide Office Order No 8799 dt 25-07-2013 of C.E., M.I.(O) with the stipulation that "their seniority will be decided after their joining in regular establishment as per their respective position in Panel maintained by Engineer-in-Chief(Civil), Odisha". Therefore, before finalization of the gradation list of Assistant Engineers the C.E., M.I.(O) vide Letter No 1015 dt: 27-01-2023 sought details of the passed-out year, marks secured in respect of 138 nos of Diploma holders. In response to the aforementioned letter of C.E., M.I.(O), the Engineer-in-Chief(Civil) has submitted the details vide Letter No 4074 dated 01-02-2023. Accordingly, the final gradation list is prepared by considering the stipulation as enumerated in the P&C Department Letter No 684 dt: 18-01-1972, the Orissa Diploma Engineers’ Service (Method of Recruitment and Conditions of Service) Rules, 2012 and Letter No 4074 dated 01-02-2023 of the Engineer-in-Chief (Civil). A copy of the Letter No.4074 dated 01-02-2023 is annexed herewith as Annexure-C/4. xxx xxx xxx
Decision
13. That in reply to the averments made in Para-9 of the Writ Petition, it is humbly submitted that, the view of this deponent with regard to this para is same as mentioned at Para-7. Further, it is not out of place to mention in advantageous position in the Provisional Gradation List, they preferred not to object the Provisional Gradation List. Whereas the O.P. No 5 to 29 had rightly pointed out the defects through their objections.” the petitioners were since that 5.1. Basing on the stand taken in Para-10 and 13, it is contended that Petitioners as well as the private Opposite Parties while continuing as contractual Junior Engineer (Civil) they were absorbed in the regular establishment vide order dtd.25.07.2013 of the Chief Engineer Minor Irrigation, Odisha with a Page 4 of 8 // 5 // stipulation that the seniority will be decided after their joining in the regular establishment, as per their respective position in the panel maintained by the Engineer-in-Chief (Civil), Odisha. 5.2. It is contended that taking into account the position of the Petitioners vis-(cid:224)-vis the private Opposite Parties in the panel maintained by the Engineer-in- Chief (Civil), Odisha, while preparing the final gradation list on 09.03.2023, private Opposite Parties taking into account their position in the panel, were placed above the Petitioners. Accordingly, it is contended that no illegality or irregularity has been committed by Opposite Party No.1, while publishing the final gradation list under Annexure-7. 6. Mr. J.K. Rath, learned Senior counsel appearing for the private Opposite Parties also made similar submission as made by the learned Addl. Government Advocate. 6.1. It is however contended that after publication of the provisional gradation list, since private the Opposite Parties raised objections to their position vis- (cid:224)-vis the Petitioners and in consideration of such objection, private Opposite Parties have been placed above the Petitioners, no illegality or irregularity can be found with the position of the Petitioners vis-(cid:224)-vis the private Opposite Parties so maintained in the final Page 5 of 8 // 6 // gradation list published under Annexure-7. It is accordingly contended that private Opposite Parties have been rightly placed above the Petitioners in the final gradation list. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioners and the private Opposite Parties while continuing as Junior Engineer (Civil) in the establishment of Chief Engineer, Minor Irrigation, Odisha, final gradation list was published on 24.10.2017 under Annexure-4 and in the said gradation list which is not disputed, Petitioners were placed above the private Opposite Parties. 7.1. It is also not disputed that the final gradation list of Junior Engineer (Civil) published under Annexure-4 was ever assailed to by the private Opposite Parties at any point of time. 7.2. It is also not disputed that vide a common notification issued on 12.06.2019 under Annexure-5, Petitioners and private Opposite Parties were promoted to the rank of Asst. Engineer (Civil) on ad hoc basis. However, taking into account the seniority of the Petitioners vis-(cid:224)-vis the private Opposite Parties so maintained in the provisional gradation list published on 24.10.2022 under Annexure-6 and considering the objection made by the private Opposite Parties, private Page 6 of 8 // 7 // Opposite Parties have been placed above the Petitioners in the impugned final gradation list published on 09.03.2022 under Annexure-7. Since prior to changing their position in the final gradation list in consideration of the objection made by the private Opposite Parties, Petitioners were never given an opportunity of hearing, it is the view of this Court that without giving an opportunity of hearing to the Petitioners, position of the Petitioners could not have been changed vis-(cid:224)-vis the private Opposite Parties with publication of the impugned final gradation under Annexure-7. 7.3. Since principle of natural justice has never been followed while changing the position of the Petitioners vis-(cid:224)-vis the private Opposite Parties, on that ground only, this Court is inclined to quash the final gradation list of Asst. Engineer (Civil) published on 09.03.2022 under Annexure-7. While quashing the said gradation list so far as the position of the Petitioners vis-(cid:224)-vis the private Opposite Parties are concerned, this Court directs Opposite Party No.1 to take a fresh decision by giving due opportunity of hearing to the Petitioners as was as the private Opposite Parties. Such a fresh decision as directed be taken within a period of three (3) months from the date of receipt of this order. In order to avoid delay, Petitioners and private Opposite Parties are directed to appear before Opposite Party No.1 on 31.10.2025. Page 7 of 8 // 8 // 7.4. Since it is contended that basing on the final gradation list, benefit of promotion has already been extended, it is observed that all such benefit will be subject to the final decision to be taken by Opposite Party No.1 as directed. Opposite Party No.1 is also directed to give an opportunity of hearing to the Intervener-Petitioners. 8. Accordingly, the Writ Petition stands disposed of with the aforesaid observations and directions. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Oct-2025 18:47:32 Page 8 of 8