The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8937 of 2024 Dillip Kumar Naik ..... Petitioner Represented By Adv. - Prasanna Kumar Sahoo -versus- ..... Opposite Parties Represented By Adv. – S.Das, AGA 1) State Of Odisha 2) Engineer N Chief, Water Resources Dept. 3) Giridhari Beti 4) Jyoti Ranjan Singh 5) Jaladhar Hembram 6) Pradip Kumar Giri 7) Trilochan Behera
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 16.04.2024 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 Government Advocate appearing for the State-Opposite Parties. Perused the writ petition as well as documents annexed in the Writ Petition. 3. The present Writ Petition has been filed by the Petitioner with the following prayer : “In the aforesaid circumstances, it is humbly prayed that this Hon'ble Court may graciously be pleased to admit this writ application and issue a RULE NISE calling upon the opposite parties to show cause as to why this writ application shall not be allowed and if the opposite parties failed to show cause or show insufficient cause, the said Rule may be made absolute and on hearing the parties through their counsel, this Hon'ble Court be further pleased to: Page 1 of 5. i) Issue appropriate writ/writs holding that the notification issued by the Govt. of Odisha in Water Resources Department vide Notification No. 10621 dated 30.4.2022 under Annexure- 5 allowing promotion to the junior persons including opp. party No.3 to 7 in the rank of Assistant Executive Engineer (Civil) as illegal, unreasonable, arbitrary, discriminatory and violative of Article 14 & 16 of the Constitution of India and quash the same so far the junior persons are concerned. ii) Issue a writ of mandamus directing the opposite parties to treat the petitioner being senior person in the grade of Junior Engineer (Civil) and Assistant Engineer (Civil) as per the earlier date of entry into base level post and as per the position in the final gradation list published under Annexure-3 and being more meritorious than the promotees including the opp. party No.3 to 7 is entitled for consideration of his case for promotion to the post of Assistant Executive Engineers (Civil) through a Review DPC and/or in alternative at par with the juniors along with all consequential service benefits in the aforesaid grade as per the Govt. guidelines and rules. iii) This Hon'ble Court further be pleased to pass such other appropriate direction/directions or order/orders as would be deem fit and proper in favour of the petitioner in the interest of justice.” 4. It is submitted by learned counsel for the Petitioner that the Petitioner was initially appointed as a Junior Engineer (Civil) by the E.I.C., W.R. Dept. on 19.12.1997 under Annexure-1 to the writ application. Thereafter, the Petitioner joined in service on 07.01.1998. While the Petitioner was continuing in service in the year 2013, the post of Junior Engineer (Civil) was upgraded pursuant to a decision of the Govt. and the same was re-designated as Assistant Engineer (Civil). Learned counsel for the Petitioner further contended that the private- Opposite Party Nos.3 to 7 have been appointed much after the Petitioner was appointed as a Junior Engineer initially. It was also contended that the Petitioner entered into cadre of Assistant Engineer on 15.11.2013 whereas the private-Opposite Parties joined the same cadre after the petitioner i.e. on 22.12.2016 and 06.03.2019 respectively. Page 2 of 5. 5. While the matter stood thus, a final gradation list of Assistant Engineer (civil) was prepared on 11.03.2022 by taking into consideration the position as on 01.03.2022. In the said gradation list the name of the Petitioner finds place at Sl. No.526 and that the private- Opposite Party Nos.3 to 7 at Sl.588, 589, 704, 770, 787 respectively under Annexure-3 to the writ application. Thereafter, the private- Opposite Parties along with several other Assistant Engineers (civil) were given promotion to the post of Assistant Executive Engineer (Civil) on 30.04.2022 pursuant to the notification under Annexure-5 to the writ application. Learned counsel for the Petitioner further contended that the Opposite Parties have committed an illegality while giving promotion to the juniors to the Petitioner ignoring the just and fair claim of the Petitioner for promotion to the next higher post of Assistant Executive Engineer (civil). In the aforesaid context, learned counsel for the petitioner contended that the Petitioner approached the Opposite party No.1 by filing a detailed representation on 06.06.2022 with a further request to consider his case for promotion to the rank of Assistant Executive Engineer (civil) by convening a review DPC under Annexure-8 to the writ application. However, no decision was taken on such representation bear to compel the Petitioner to file another representation on 27.01.2023 making the same prayer. However, no decision has been taken such representation of the Petitioner. Being aggrieved such inaction of the Opposite Parties as well as illegality committed in ignoring the case of the Petitioner while considering the promotion of Assistant Engineer (civil) to the post of Assistant Executive Engineer (civil), the Petitioner has approached this Court by filing the present writ application. 6. Learned Additional Government Advocate on the other contended that the Opposite Parties on the basis of the recommendation of the DPC has given promotion to the private-Opposite parties and Page 3 of 5. similarly situated other persons. He further contended that such promotion has been considered strictly as per the rules governing the field. Learned A.G.A. further contended that the Petitioner has already approached the Opposite Party No.1 by filing a representation. While no final decision is being taken on such representation, the Petitioner has hastily approached this Court by filing the present writ application. In such view of the matter, learned A.G.A. submitted that in the event this Court directs the Petitioner to approach Opposite Party No.1 with a further direction to the Opposite Party No.1 to consider the case of the Petitioner in accordance with law as well as the applicable rules within a stipulated period of time, he will have no objection to the same. 7. Considering the submissions made by the learned counsels appearing for the respective parties and on careful consideration of the background facts as well as materials on record, further keeping in view the limited grievance involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.1 by filing a detailed representation along with all supporting documents within a period of two weeks from today. In such eventuality, the Opposite Party No.1 shall do well to consider the representation of the Petitioner strictly in accordance with law and further taking into consideration facts which have been referred to hereinabove particularly the fact that the persons who are juniors to the Petitioner in the gradation list, have been given promotion ignoring the case of the Petitioner and shall take a final decision by passing a speaking and reasoned order within a period of six weeks from the date of communication of a copy of this order along with the representation. It is further directed that while taking a final decision in the matter, the Opposite Party No.1 shall provide an opportunity of hearing to the persons who are likely to be affected in the event any change/ Page 4 of 5. alternation is made particularly the private-Opposite parties. Such final order is likely to be passed by the Opposite Party No.1 be also communicated to the persons who are likely to be affected by such order. 8. With the aforesaid observation/direction, the writ petition is disposed of. 9. Urgent certified copy of this order be granted on proper application. Anil ( A.K. Mohapatra) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 18-Apr-2024 11:19:57