The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.16804 of 2025 1) Khirod Prasad Rout 2) Prashant Kumar Muduli 3) Tirthabasi Pradhan 4) Himanshu Sekhar Parida 5) Prabhata Kumar Panda ..... Petitioners Represented By Sr.Adv. – Mr. B.Routray, Mr.Subhadutta Routray, Adv. -versus- 1) State Of Odisha 2) State Of Odisha 3) Engineer In Chief Public Health Odisha ..... Opposite Parties
Legal Reasoning
Represented By Adv. – Mr. D.Lenka, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 25.06.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. B.Routray, learned senior counsel for the Petitioners as well as learned Additional Government Advocate for the State- Opposite Parties. Perused the writ application as well as documents annexed thereto. 3. The Petitioners have filed the present writ application with the following prayer: “It is therefore, most humbly prayed that this 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 writ/writs direction / directions directing the opposite parties more particularly the opposite party Page 1 of 5. No.1 & 3 to regularize the petitioners from their initial date of appointment and grant them notional increments and other service emoluments including seniority in the gradation list in terms of the Odisha Group "B","C" and Group "D" posts (Repeal and Special Provisions) Rules, 2022, within a reasonable time to be stipulated by this Hon’ble Court. iv) And further the opp parties more particularly the opp party No-1 & 3 be directed to extend all financial and service benefits to the petitioners. v) order/orders, other any pass direction/directions as this Hon’ble Court deems fit and proper for the ends of justice.” And/or 4. Mr. B.Routray, learned senior counsel for the petitioner at the outset contended that the petitioners were initially engaged on 08.09.2014 by the Engineer in Chief Public Health(Urban)-Opposite Party No.3 along with other candidates on contractual basis, on their name being sponsored by the Chairman, Committee of the Chief Engineer and EIC, Odisha against vacant sanctioned post. While this was the position, on 29.08.2016, the Opposite Party No.1 directed the Opposite Party No.3 to grant grade pay to the junior engineers engaged on contractual basis and to enhance their remuneration by 10% on completion of each year of engagement. Accordingly, the order dated 29.08.2016 was carried out on 14.09.2016 by the Engineer in Chief under Annexure-8 to the writ application. 5. While this was the position by virtue of the Office order dated 18.09.2020, 22.10.2020 & 21.09.2020 of the Office of the Engineer in Chief, the service of the petitioners who were working as contractual junior engineers was regularised against the sanctioned post upon completion of six years of contractual service. Subsequently, vide order dated 21.10.2022 of the Opposite Party No.1, the petitioners and others were given promotion to the post of Page 2 of 5. Assistant Engineer. 6. The G.A. & P.G. Department, Govt. of Odisha vide notification dated 16.10.2022 published the Odisha Group B, C & D posts (Repeal and Special provisions) Rules, 2022, thereby the Odisha Group D Post (Contractual Appointment Rules, 2013 and Odisha Group C and D Posts (Contractual Appointment) Rules, 2013 were repealed. On perusal of the notification dated 16th October, 2022, it appears that the G.A. & P.G. Department Govt. of Odisha has introduced a special provision in the shape of Rule 4 to the abovementioned Rules of the year, 2022. The special provisions contained Rule 4 provide that the persons who were initially appointed under the abovenoted rules shall be deemed to have been appointed against the posts on regular basis as on the date of commencement of the Rules 2022. For better appreciation the special provision contained Rules 4-: “4. Special Provisions- (1) The initial appointee appointed under the contractual Rules now in positions shall be deemed to have been appointed against the post on regular basis as on the date of commencement of these rules. (2) On such regular appointment under sub-rule (1), the pay of such employee shall be fixed by way of granting notional increments considering the date of his contractual appointment. (3) The employee who has been regularly appointed in the service after completion of 6 years of service under the respective Contractual Rules shall be allowed for fixation of their pay as on the date of commencement of these rules by way of granting notional increments considering the date of his contractual appointment. (4) The employee whose services have been so regularised shall be allowed service benefits like promotion etc. in the cadre on notional basis to which they would have been entitled as per rules, had they been recruited on regular basis. Page 3 of 5. (5) On commencement of these rules, the employee shall be assigned seniority in the cadre to which they would have been entitled as per rules, had they been recruited on regular basis.” 7. Mr.Routray, learned senior counsel for the petitioner at this juncture contended that in terms of Rule 4 of the Rules, 2022 the petitioners have already approached the Opposite Party No.1 by filing a representation on 18.10.2024 under Annexure-10 to the writ application. However, no final decision has been taken on such representation of the petitioner. Being aggrieved by such inaction of the Opposite Party No.1, the petitioners have approached this Court by filing the present writ application. 8. Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter, however taking into consideration the fact that the petitioners have already approached the Opposite Party No.1by filing the representations dated 18.10.2024 & 18.02.2025 under Annexure-10 series to the writ application, he will have no objection in the event this Court directs the Opposite Party No.1 to consider the representations in accordance with law within a stipulated period of time. 9. Having heard the learned counsels appearing for the respective parties, on a careful examination of the background facts as well as the documents annexed to the writ application and further keeping in view the limited nature of the grievance involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider and dispose of the representation of the petitioner under Annexure-10 series within a period of two months from the Page 4 of 5. date of communication of a certified copy of today’s order. It is further directed that the representation of the Petitioner shall be considered in terms of the Rule 2 of the Rules, 2022 and accordingly the same shall be disposed of by passing a speaking and reasoned order. The final decision so taken be communicated to the petitioner within ten days thereafter. 10. With the aforesaid observations and directions, the writ application stands disposed of. 11. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Rubi Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 26-Jun-2025 16:46:09