SATYANARAYANA RANA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition involves a challenge to the order of reversion dtd. 22/3/2018 passed by the Managing Director, Odisha Lift Irrigation Corporation Ltd. (in short, "the Corporation"), O.P.3, particularly involving the person placed at serial no. 2 therein, vide Anexure-1 and further to declare the petitioner to be legally entitled to continue and function as an Assistant Engineer (Civil) and the petitioner should not be reverted to the cadre of Junior Engineer (Civil) besides granting all consequential service benefits attached to the post of Assistant Engineer (Civil) and also entitlement to benefits accrued in the meantime.

(2.) Factual narrations appearing from the pleadings of the parties are that the petitioner initially joined in the Corporation in the year 1990 as a Junior Engineer (Civil) on regular basis through regular process of selection. In course of his continuing as Junior Engineer (Civil), being a Diploma Holder the petitioner acquired Degree Qualification in Civil Engineering, B.Tech. (Civil) in the year 2009 through distance mode from the JRN Vidyapitha (Deemed University). While the matter stood thus, ten numbers of Graduate Engineers in Agriculture, who also joined initially as Junior Engineers (Civil), were subsequently appointed as Assistant Engineers-in-charge and Ad hoc Assistant Engineers filed O.J.C. No. 13251/2001 claiming their regular appointment as Assistant Engineer (Civil). This writ application had a background involving earlier subject matter of dispute in O.J.C. No. 2920/1990 in the matter of fixation of inter-se seniority as per the Orissa Junior Engineers Cadre (Recruitment and Conditions of Service) Rules, 1972 so also the Orissa Junior Engineers Conditions of Cadre Rules, 1982, disposed of by this Court on 14/1/1994 directing the Government of Orissa in the Rural Development Department to consider the grievance of Graduate Engineers and Diploma Engineers regarding fixation of their seniority in the cadre of Junior Engineers. It was observed therein that it was open to the parties to file their objection and the decision of the Government would also be subject to challenge by such parties in appropriate forum. It is pursuant to such direction, Government of Odisha in Rural Development Department by its communication dtd. 30/9/1994 directed that twenty-two numbers of Graduate Engineers would be adjusted against the vacant posts of Assistant Engineer or against future vacancies in such posts till these twenty-two numbers of Graduate Engineers are adjusted. It is involving this decision, there arose a number of writ petitions at the instance of the Diploma Engineers taking advantage of the liberty granted by this High Court in the above order. Consequently, these parties filed O.J.C. No. 6937/1994. This matter was heard along with OJC No. 13251/2001. These matters were disposed of on 14/12/2009 recording the submission of the learned counsel appearing for the Corporation that the Corporation has taken decision in the light of direction issued by the Government, vide letter dtd. 30/9/1994 to absorb the Graduate Junior Engineers in the posts of Assistant Engineer. The present petitioner was neither a petitioner in the said writ applications nor an opposite party in these writ applications. The order dtd. 14/12/2009 passed in the said writ application was also beyond the knowledge of the petitioner. It is at this stage, the petitioner preferred W.P.(C) No. 563 of 2010 on 11/1/2010 making therein a prayer for consideration of his case for promotion/appointment as Assistant Engineer (Civil) being an in-service Graduate Engineer standing at par with the persons involving the cases indicated herein above. This writ petition was listed on 18/1/2010. In course of hearing, when the order dtd. 14/12/2009 passed in OJC No. 13251/2001 was brought to the notice of this Court, learned counsel appearing for the Corporation did not raise any objection, this Court upon hearing both the parties, however, disposed of W.P.(C) No. 563/2010 on 18/1/2010 on contest by simply recording the submission of Sri. Mohanty, learned counsel for the Corporation in respect of the order dtd. 14/12/2009 passed in OJC No. 13251/2001 directing the Corporation to engage all Graduate Junior Engineers in the posts of Assistant Engineer in consonance with the Notification issued by the Government and in disposal of the Review Petition, this Court directed to consider the case of the petitioner herein along with other Graduate Engineers in the line of Government Notification dtd. 30/9/1994 referred to hereinabove. It is consequent upon the above direction of the High Court, it appears, the Managing Director of the Corporation, vide letter no. 4149 dtd.11/3/2010 wrote to the Special Secretary to Government in W.R. Department clarifying the position regarding the vacancies of Assistant Engineers (Civil) mentioning therein that out of eighty-one sanctioned posts of Assistant Engineer (Civil), sixty-five numbers of such posts are lying vacant by 11/3/2010, out of which twenty-seven numbers of posts are to be filled up against the promotion quota of 33% following the Orissa Service of Engineers of Rules, 1941. The Corporation in its Board of Directors' meeting dtd. 29/3/2010 though considered the cases of the parties taking into account the direction of this Court dtd. 14/12/2009 in O.J.C. No. 13251/2001 but however did not consider the case of the opposite party being a Graduate Junior Engineer and thereby caused discrimination to the opposite party therein. The Board of Directors of the Corporation in the proceeding of its 161 meeting dtd. 25/3/2011 at item no. 12 decided for filling up the base level vacant posts in the cadre of Junior Engineers and Assistant Engineers for administrative requirement and in the 162 meeting of the Corporation dtd. 5/7/2011 at item nos. 9 and 10 proceeded to appoint a Committee to consider the cases of six persons for regular appointment, as Assistant Engineers in compliance of the direction of this Court. Another Committee meeting was held under the Chairmanship, F.A. and C.E.O. on 21/7/2011 and discussed regarding available vacancy in the cadre of Assistant Engineer (Civil) involving thirty numbers of vacant posts and at item no. 2 therein also considered the vacant posts in Electrical Wing in five numbers and accordingly recommended for appointment of such persons again in compliance of the order of this Court, which were already landed in contempt proceedings. Those six persons approached this Court whose cases were decided on 7/1/2010 and not contested by the opposite parties. Keeping in view the order of this Court dtd. 14/12/2009 passed in OJC No. 13251/2001 the direction of the High Court was implemented and all the six persons were appointed in their respective posts, vide office order dtd. 10/8/2011. In the meantime, vide communication dtd. 9/9/2011, the Managing Director of the Corporation also directed all the Superintending Engineers/Executive Engineers of the Corporation for submission of information in respect of Junior Engineers having B.Tech./AMIE Degree Qualification for consideration of their cases as against the existing vacancies in the cadre of Assistant Engineers so as to comply with the orders of the High Court passed in the meantime. It is alleged that it is, at this point of time, in spite of development through WP(C) No. 563/2010 the petitioner being a B.Tech./Degree Graduate Engineer was continued in the Corporation as Junior Engineer, his case was not considered giving a complete discriminatory treatment to the petitioner.

(3.) A Review Petition was also filed by the Corporation involving the order of this Court dtd. 18/1/2010 passed in W.P.(C) No. 563/2010. It is alleged that listing of the Review Petition was avoided keeping in view to avoid the Judge passed the order in the writ petitions and to make their attempt before a new Judge on the superannuation of the Judge passing the order. Documents supplied by the parties disclose that the Review Petition was heard along with other writ petitions involving parallel orders by a new Bench and all these review petitions have been dismissed.