The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.C.(OAC) No. 47 of 2013 Bijoy Kumar Swain & Ors. …. Petitioners Ms. S. Jena, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. B. Panigrahi, ASC Mr. A.K. Acharya, Advocate (Private Opp. Parties) CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.07.2023 Order No 19. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard Ms. S. Jena, learned counsel for the Petitioners, Mr. B. Panigrahi, learned Addl. Standing Counsel appearing for the State and Mr. A.K. Acharya, learned counsel appearing for the Private Opp. Parties. 3. This writ petition has been filed inter-alia with the following prayer:- “Admit the Original Application; Call for Records, Issue necessary directions to the Opposite Parties to quash the Final Gradation List published vide 23534 dtd.26.11.2012 under Annexure-11 series; And pass orders directing Opposite Parties to prepare Gradation List of Group-B Officers of Agricultural Department strictly in accordance with the Resolution dtd.30.08.1978 and 10.07.1980.” // 2 // 4. Learned counsel for the Petitioners contended that the Tribunal initially when vide order dtd.03.06.2014 was not inclined to entertain the relief as made in the present petition, the same was challenged by the Petitioners before this Court in W.P.(C) No. 5796 of 2017. This Court vide order dtd.19.06.2018 was pleased to remit the matter to the Tribunal to consider the grievance of the Petitioners, if any with regard to their inter se placement in the seniority list prepared in accordance with 1980 Rules. It is accordingly contended that on such remand of the matter, the matter has again come up for disposal before this Court as the Tribunal has been abolished in the meantime. 4.1. It is contended that the Petitioners were all appointed to the post of Junior Agriculture Officer under the provisions of Orissa Subordinate Agricultural Service Rules, 1980. It is contended that the Petitioners while so continuing as Junior Agriculture Officers, they were promoted to different Class-II Specialists post during the period 1996-2001. The Private Opp. Parties were also promoted to different Class-II posts during the year 2006. In the draft seniority list published by the Department in the year 2006, the Private Opp. Parties, when were placed below the Petitioners, the same was challenged before the Tribunal in O.A. No. 3106(C) of 2009.
Decision
4.2. Vide order dtd.11.08.2011, the Tribunal disposed of O.A. No. 3106(C) of 2009 and batch of Original Applications with a direction on the Opp. Party-Govt. to finalize the gradation list in terms of Rule 20 of the Orissa Subordinate Agricultural Rules, 1980 and with due consideration of the objections received from aggrieved Class-II employees. The aforesaid order passed by the Tribunal on 11.08.2011 was also upheld by this Court in W.P.(C) Page 2 of 6 // 3 // No. 30042 of 2011. Subsequently, while publishing the final gradation list on 26.11.2012 of Group-B Officers in terms of order dtd.11.08.2011, the present Petitioners when were placed below the Opp. Parties, the same was challenged in the present writ petition. 4.3. It is contended that taking into account their promotion to Class-II posts, the Petitioners were placed above the Private Opp. Parties in the draft gradation list published in the year 2006. Therefore, they should not have been placed below the Private Opp. Parties in the final gradation list published on 26.11.2012, which is impugned in the present writ petition. It is accordingly contended that the said gradation list published on 26.11.2012 needs interference of this Court. 5. Mr. A.K. Acharya, learned counsel appearing for the Private Opp. Parties on the other hand contended that challenging their placement in the provisional gradation list published on 01.01.2006, Private Opp. Parties approached the Tribunal in O.A. No. 2276(C) of 2009 and O.A. No. 3359(C) of 2009. The Tribunal vide a common order passed on 11.08.2011 disposed of all the Original Applications with a direction on the Opp. Party No. 1 to prepare the final seniority list of the Officers appointed in accordance with Rule 20 of 1980 Rules. The order passed by the Tribunal on 11.08.2011 in the batch of Original Applications though was assailed before this Court in W.P.(C) No. 30042 of 2011, but this Court was not inclined to entertain the writ petition and while disposing the same, observed that the Petitioners may approach the Tribunal, if they have any grievance. Page 3 of 6 // 4 // 5.1. Pursuant to the order passed by the Tribunal on 11.08.2011 so confirmed by this Court in its order dtd.07.12.2011, final gradation list of Group-B Agricultural Officers was published on 26.11.2012. 5.2. The present writ petition when was filed challenging the placement of the Petitioners vis-à-vis the Private Opp. Parties in the final gradation list published on 26.11.2012 under Annexure-11 series, the Tribunal vide its order dtd.03.06.2014 was not inclined to entertain the prayer and disposed of the matter. 5.3. It is contended that O.A. No. 47(C) of 2013 though was filed by 26 nos. of applicants, but the order passed by the Tribunal on 03.06.2014 was only assailed by 6 nos. of applicants namely Petitioner Nos. 4, 7, 13, 14, 16 & 23 in W.P.(C) No. 5796 of 2017. Rest of the applicants never assailed the order so passed by the Tribunal on 03.06.2014. However, this Court while disposing W.P.(C) No. 5796 of 2017 though remitted the matter to consider the grievance of the Petitioners with regard to the inter se placement in the seniority list prepared in accordance with Rule 1980 Rules, but made it clear that legality of the gradation list in question cannot be reopened which has been set at rest vide order dtd.07.12.2011 so passed in W.P.(C) No. 30042 of 2011. 5.4. The above said Petitioners in W.P.(C) No. 5796 of 2017 though approached the Hon’ble Apex Court challenging the order dtd.19.06.2018 so passed by this Court in W.P.(C) No. 5796 of 2017, but Hon’ble Apex Court also confirmed the order in SLP(C) No. 35983 of 2018. It is accordingly contended that even though this Court vide its order dtd.19.06.2018 remitted the matter for fresh disposal, but the said order of remand is only applicable in respect of Petitioner Nos. 4, 7, 13, 14, 16 & 23. Rest of the Petitioners in Page 4 of 6 // 5 // W.P.C.(OAC) No. 47 of 2013 are not entitled to get the benefit of the said order as they never challenged the order initially passed by the Tribunal on 03.06.2014. It is also contended that even though this Court vide order dtd.19.06.2018 remitted the matter, but while so remitting it was held that the gradation list published on 26.12.2011 cannot be reopened in view of the order passed on 07.12.2011 in W.P.(C) No. 30042 of 2011. 5.5. It is accordingly contended that in view of such finding of this Court so reflected in its order dtd.19.06.2018 even though the matter is remitted, but since it has been held that the gradation list dtd.26.11.2012 which is impugned in the present writ petition cannot be reopened, no relief can be extended to the Petitioner Nos. 4, 7, 13, 14, 16 & 23. It is accordingly contended that the prayer made in the writ petition cannot be entertained. 6. Mr. B. Panigrahi, learned Addl. Standing Counsel does not dispute the submission made by Mr. Acharya, learned counsel appearing for the Private Opp. Parties. 7. Having heard learned counsel appearing for the Parties and after going through the materials available on record, it is found that the matter was originally filed before the Tribunal by 25 nos. of applicants challenging the gradation list of Group-B Officers of agricultural services published on 26.11.2012 under Annexure-11. It is found from the record that the gradation list of Group-B Officers of agricultural services so published under Anenxure-11 was prepared in terms of the order passed by the Tribunal on 01.10.2011 in O.A. No. 2276 of 2009 and batch. The said order was also confirmed by this Court in its order dtd.07.12.2011 in W.P.(C) No. 30042 of 2011. In view of the finding of this Court in its order Page 5 of 6 // 6 // dtd.19.06.2018, that the gradation list in question cannot be reopened in view of the order passed on 07.12.2011 in W.P.(C) No. 30042 of 2011, no relief can be extended in favour of the Petitioner Nos. 4, 7, 13, 14, 16 & 23 as the final gradation list published on 26.11.2012 has already been declared as final. 8. In view of such order passed by this Court on 19.06.2018, this Court is not inclined to entertain the prayer as made in the writ petition at the instance of Petitioner Nos. 4, 7, 13, 14, 16 & 23 and dismiss the writ petition. (Biraja Prasanna Satapathy) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jul-2023 14:16:13 Page 6 of 6