Sunil Nayak v. State of Odisha & Ors.

Opp. Parties Mr. Iswar Mohanty, A.S.C. Mr. Pronoy Mohanty, for OPTCL CORAM: JUSTICE A.K. MOHAPATRA Order No. ORDER 01.05.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party and the learned counsel appearing for the OPTCL. Perused the writ petition as well as the documents annexed thereto.

The present writ application has been filed by the petitioner with the following prayer:- pleased

It is therefore humbly prayed before this Hon’ble Court that in view of the above mentioned facts and circumstances of the case, this Hon’ble Court may be appropriate graciously Writ(s)/Order(s)/Direction(s)/Declaration under Article 226 of the Constitution of India and more particularly: 1. Quash advertisement No.MPP&R-06/2023, dt.27.01.2023 floated by the Opp. Party No.2 for recruitment of Office Assistant Grade III Trainee. 2. Direct the opposite party no.2 to float a fresh // 2 // advertisement for recruitment of Office Assistant Grade III Trainee by refixing the upper age limit as per the proviso inserted vide Odisha Civil Service (Fixation of Upper age limit) Amendment Rules, 2022. 3. Pass such other order/direction/declaration/writ(s) as this Hon’ble Court may deem proper in the interest of justice.

Learned counsel for the petitioner, at the outset, submitted that the Odisha Power Transmission Corporation Limited (in short the ‘OPTCL’), which is a Government owned Corporation, has come out with an advertisement dated 27.01.2023, which has been annexed to the writ petition as Annexure-1. On perusal of the said advertisement, it appears the OPTCL has issued advertisement for recruitment of 53 Office Assistant Grade-III Trainee posts as has been mentioned in the advertisement. It is contended by learned counsel for the petitioner that in view of the G.A. and P.G. Department notification dated 11.01.2022, the Odisha Civil Service (fixation of upper age limit) Rules, 1989 has been amended and a proviso has been inserted after rule 2 of the said rules and the said proviso provides that “provided further that for advertisement made within the calendar years 2021, 22 and 23, the said upper age limit shall be 38 years.” He further contended that the Odisha Hydro Power Corporation Limited which is also a Government-owned Corporation under the very same Energy Department of Government of Odisha has also issued an advertisement recruitment and on perusal of the said advertisement it appears that the upper age limit has been enhanced to 38 years. In such view of the matter, learned counsel for the petitioner submitted the similar benefits should have been extended in the present case while publishing the advertisement under // 3 // Annexure-1.

Learned counsel appearing for the OPTCL submitted that the prayer of the petitioner is two folds. The first prayer of the petitioner, which is for extension of last date for submission of application, has already been accepted and the last date has been extended. So far the second prayer of the petitioner is concerned, it is submitted that the same relates to enhancement of upper age limit in view of the G.A. Department notification dated 11.01.2022. It was also contended by learned counsel appearing for the OPTCL that the OPTCL follows its own rules and regulations and therefore, notification dated

11.01.2022 is not binding upon them. However, in the event this Court directs the OPTCL, then the matter shall be considered by the Board which is the apex body of the OPTCL.

Learned Additional Standing Counsel appearing for the State- Opposite Party, on the other hand submitted that although the OPTCL is Government of Odisha undertaking however they are governed by their own Board of Directors they have their own rules and regulations to manage the corporation.

Having heard the contention raised by the learned counsels for the respective parties and further keeping in view the G.A. Department notification as well as the decision of the Odisha Hydro Power Corporation Limited and keeping in view the limited nature of grievance, this Court deems it proper to dispose of the writ application at the stage of admission by directing the petitioner to file a comprehensive representation taking therein all the grounds and bringing all the facts pertaining to enhancement of the upper age limit to the notice of Opposite Party Nos.2 & 3, the same shall be considered in accordance with law and keeping in view the G.A. // 4 // Department notification as well as the decision taken by the OHPCL which is under the very same Administrative Department of the Government of Odisha and shall be disposed of the representation within a period of three weeks from the date of filing of such representation. It is further directed that till a decision is taken by the OPTCL Board as directed hereinabove, the OPTCL-Opposite Party No.2 shall do well to accept the off line hard copy of the application to be submitted by the Petitioner and subject to satisfaction of other eligibility criteria and the Petitioner shall be allowed to participate in the recruitment post. However, the result of the Petitioner shall be subject to the decision to be taken by the OPTCL Board as directed by this Court hereinabove. The decision as would be taken by the Opposite Party No.2 and 3 shall be communicated to the Petitioner within ten days from the date of taking such decision.

With the aforesaid observations/directions the writ petition stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge DEBASIS AECH Digitally signed by DEBASIS AECH