The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6907 of 2024 1) Saroja Kumar Nayak ..... Petitioners 2) Nalin Kumar Patnaik 3) Subrata Chaudhury 4) Simanchal Satpathy 5) N.santosh Kumar Chaudhury 6) Bibhu Prasad Panda Represented By Adv. - Budhadev Routray 1) State Of Odisha 2) Engr In Chief, Dept Of Water Resources -versus- ..... CORAM: Opposite Parties Represented By Adv. –
Legal Reasoning
Mr.D.Mohapatra, ASC THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 02.04.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “ It is, therefore, most humbly prayed that his Hon’ble Court be graciously pleased to: i) Admit the writ application. ii) Call for the record. iii) Issue a writ in the nature of mandamus or any other the writ/writs, direction/directions directing Opposite Parties more particularly the Opposite Party No.1 to consider the case of the Petitioners for promotion to the post of Superintending Engineers by convening DPC as has been done in respect of other Executive Engineers like the Petitioners vide Notification dated 15.09.2023 under annexure-11 and further the Opposite Parties be directed to extend all consequential financial and service benefits to the Petitioners within a reasonable time to be stipulated by this Hon’ble Court. pass order/orders, direction/directions as this Hon’ble Court deems fit and proper for the ends of justice.” iv) And/or other any 4. The factual matrix leading to the filing of the present Writ Petition, in short is that the Government of Odisha formulated a policy for appointment of Graduate Engineers/Diploma Holders Engineers on 14.10.1987. Initially, the Petitioners were engaged as NMR/DLR Engineers in the year 1989. Thereafter, on 27.02.2004 the petitioners were engaged under the Engineer-in-Chief on contractual basis with a consolidated salary of Rs.7000/- against regular vacant sanctioned post of Assistant Engineer. While the matter stood thus, on 08.02.2013 the Government was pleased to bring over nine nos. of NMR Graduate Engineers including the Petitioners, who were engaged prior to 12.04.1993 against the regular post of Assistant Engineer. On 21.03.2023, the cadre in the W.R. department were restructured and it was decided that the entry level posts will be Assistant Executive Engineers in Junior Class-I and accordingly, the said posts were upgraded. 5. While the matter stood thus, the Petitioners approached the Orissa Administrative Tribunal by filing Original Application with a prayer not to make any recruitment pursuant to the advertisement dated 17.04.2015 with a further prayer for regularization of service of the Petitioner as against the post of Assistant Executive Engineers and till such a decision is taken, the Petitioners be treated as Work Charged Assistant Executive Engineer against the respective post which were upgraded pursuant to the decision of the W.R. Department dated 21.03.2013. Learned Tribunal vide order dated 16.05.2018 was pleased to allow the Original Application with a direction to treat the applicants as Work Charged Executive Engineer and further direction was given to the State to take a policy decision. 6. In compliance to the order dated 15.01.2021 passed in W.P.(C) Nos.1465 & 1470 of 2021, the services of the Petitioners have been regularized in OES cadre on 07.11.2022. Accordingly, the Petitioners have been posted as AEE(Civil) vide DoWR Notification dated 07.11.2022 under Annexure-6 to the Writ Petition. Pursuant to the aforesaid Notification dated 07.11.2022, the Cabinet in its 51st Cabinet meeting held on 18.11.2022 approved the seniority of AEE cadre employees as finalized by the DoWR vide Notification dated 24.11.2022. Accordingly ordered to place the names of the Petitioners in the AEE cadre for the year 2014 vide letter dated 24.11.2022. 7. While this was the position, the final gradation list of AEE was published vide their letter dated 07.02.2023. In the said gradation list the names of the Petitioners were included pursuant to the Notification of the DoWR dated 24.11.2022. As per the seniority of the Petitioners according to the gradation list dated 07.02.2023 the Petitioners have been promoted to the post of Executive Engineer (Civil) vide DoWR Notification dated 02.08.2023. Finally, the AEEs who were appointed by the OPSC in the year 2016 were subsequently promoted to the post of Executive Engineer and they have been promoted to the post of Superintending engineer. Being aggrieved by such decision of the Opposite Parties in giving promotion to the direct recruitee Engineers, who have been appointed in the year 2016 thereby ignoring the just and fair claim of the Petitioners, the Petitioners have approached this Court by filing the present writ Petition. 8. Mr.Routray, learned senior counsel for the Petitioners submitted that the present Petitioners, who are working as Executive Engineer are above the direct recruit Engineers appointed through OPSC in the year 2016 however, while giving promotion to the post of Superintending Engineer, the Opposite Parties have not considered the case of the Petitioners. Such conduct of the Opposite Party amounts to discrimination and arbitrary exercise of the executive power vested with the Opposite Parties. 9. Learned Additional Standing Counsels for the State-Opposite Parties on the other hand submitted that the Petitioners have approached this Court directly without approaching the authority. Further, it appears that the Petitioners have already approached the Opposite Party No.1 by filing a representation under Annexure-14 series. He further contended that it appears that the same is pending before the Opposite Party No.1. In the aforesaid factual background, learned counsel appearing for the State submitted that in the event this Court directs the Opposite Party No.1 to consider such representation in accordance with law within a stipulated period of time, he has no objection. 10. Having heard learned counsels appearing for the respective parties, on a careful examination of the background facts of the present case as well as the materials on record and further keeping in view the limited nature of grievance involved in the present Writ Petition, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Opposite Party No.1 to consider the representation of the Petitioners under Annexure-14 series strictly in accordance with law and the Opposite Party No.1 shall dispose of the representation by passing a speaking and reasoned order. It is further directed that while considering the representations of the Petitioners, the Opposite Parties shall keep in mind the final gradation list dated 07.02.2023 under Annexure-7 & 8 of the Writ Petition and the final decision be taken within two months from the date of filing certified copy of this order. The final order so passed be communicated to the Petitioner within 10 days from the date of taking such decision. Further, liberty is given to Opposite Party No.1 to provide opportunity of hearing to any of the parties, who are likely to be affected in the event the Petitioners are given promotion by the Opposite Parties pursuant to this order. 11. With the aforesaid observation, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 03-Apr-2024 18:27:50