PRAKASH SAMANTARAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dtd. 19/3/2014 passed by the Odisha Administrative Tribunal (OAT), Bhubaneswar in O.A. Nos.86 of 2013 and 739 of 2011. By the said impugned judgment the OAT rejected the prayer of the Petitioner for quashing the directions issued by the Government of Odisha in the office of the Engineer-in-Chief (EIC), Water Resources Department (WRD) dtd. 7/7/2009 and 20/6/2011 refusing to grant post-facto approval regarding absorption of the Petitioner as Junior Assistant in the office of the EIC, WRD. The OAT also negatived the challenge of the Petitioner to the final gradation list of Junior Assistants issued by the EIC, WRD on 2/1/2013 from which the name of the Petitioner stood deleted.

(2.) The background facts are that a Memorandum of Settlement was reached between the Balimela Project Workers and Employees Joint Council, Chitrakonda and the Government of Orissa, EIC, WRD on 3/5/1974. Based on the settlement the Government of Orissa, Irrigation and Power Department (IPD) decided to maintain a common seniority list cadre ('CSL Cadre') of regular employees working in all the major projects under execution (for e.g., the Hirakud, Balimela, Rengali projects) and to be executed in future. The CSL included the post of Junior Assistant/Junior Clerk/Junior Project Clerk having a equal scale of pay, i.e.Rs.780.00 1160/-. The EIC, WRD was the Cadre Controlling Authority who acted as (i) Coordinator; (ii) Authorised for inter-project transfer, (iii) Take-up promotion, reversion, retrenchment etc. and was maintaining the seniority list.

(3.) The CSL of the Irrigation Department was challenged before this Court in OJC No.1617 of 1975. This Court by its judgment dtd. 7/1/1976 rejected the said petition. As a result, the CSL list of those in the regular cadres belonging to the different projects of the IPD (now the WRD) became final.