SUBASH CHANDRA PANDA Vs. CHAIRMAN-CUM-MANAGING DIRECTOR, ORISSA POLICE HOUSING WELFARE CORPORATION, BHUBANESWAR

JUDGEMENT

(1.) THE petitioner who at the relevant time was working as Assistant Project Manager (Junior Engineer) in the office of the Orissa Police Housing Welfare Corporation has filed both the writ applications. In O.J.C. No. 6037 of 1996 the petitioner has prayed for a direction to the Opposite party No. 1 to consider his case for promotion to the post of Deputy Project Manager (Assistant Engineer) from that of the Project Manager (Junior Engineer) with effect from 13.6.94 and pay him the salary benefits, etc. and O.J.C. No. 12000 of 1998 has been filed by him for a direction to the Opposite party No. 1 to consider his case for promotion to the post of Deputy Project Manager and for a further direction not to give any more promotions to any person till disposal of the writ application and also for declaration that the promotion of Opposite party No. 2 is illegal and liable to be struck down.

(2.) FROM the averments made in both the writ applications it appears that the petitioner first joined as Assistant Project Manger (Junior Engineer) in the office of the Opposite party No. 1 on 27.1.1989 on ad hoc basis on a consolidated pay for a period of 44 days and with one day break such appointment was revived from time to time and continued till 23.9.1991 with effect from 23.9.1991 service of the petitioner was regularised with grade pay of Rs. 1400 -2600/ -. While continuing in service petitioner was allowed increments due to him. The petitioner applied to became a senior technician member under the Institute of Engineers while serving under Opposite party No. 1 and subsequently he appeared in the examination in 1991 and completed the course in 1993 and obtained a certificate of degree in Civil Engineering. For the purpose of appearing in the said examination the petitioner had also obtained necessary permission from authorities while on deputation. On 24.11.1995 the petitioner was taken back to the parent department. After completing the AMIE the petitioner made his representation on 13.6.1994 to consider his case for promotion to the post of Deputy Project Manager (Assistant Engineer) and while the said representation was under consideration, two persons namely Gourahari Pradhan and Abesh Kumar Mohanty were promoted to the post of Deputy Project Manager on 28.6.1994 and the case of the petitioner was ignored. The specific stand of the petitioner is that the aforesaid two officers had been regularised in service with effect from 1.1.1994 as Assistant (Project Managers, whereas the petitioners service was regularised with effect from 23.9.1991 and as such his seniority above them could not have been ignored. Further allegation is that besides the above two other Junior Engineers, namely Chandrabhanu Choudhury and Susanta Paikray who were juniors to the petitioner were also illegally given promotion to the Deputy Project Manager. After the aforesaid promotions were made the petitioner submitted several representations requesting the authorities to consider his case. The same having not been considered he has approached this Court. During Pendency of O.J.C. No. 6037 of 1996, one Parsuram Panigrahi was given promotion for which O.J.C. No. 12000 of 1998 was filed.

(3.) SHRI Acharya, learned counsel appearing for the petitioner is both the writ applications submitted that as per the provisions contained in Orissa Service of Engineers Rules, 1941 only diploma holders in Engineering having 10 years service could be considered for promotion. There being no provision for Degree holders in such Rules, decision of the Departmental Promotion Committee to consider case of the Degree holders having five years experience from the date of obtaining degree cannot be accepted as the eligibility for promotion and therefore the promotion given to several persons on the basis of such decision cannot be sustained. Learned counsel for the Corporation, on the other hand, submitted that though the Rules are silent about promotion of Degree Holders, the Departmental Promotion Committee was of the view that if 10 years of experience is insisted upon in respect of Junior Engineers irrespective of the fact that as to whether they are diploma holders or degree holders, great injustice would be done to the degree holders and accordingly decision was taken to consider cases of those degree holder, Junior Engineers for the purpose of promotion after they have completed 5 years in service from the date of obtaining degree or had obtained degree at the time of joining of the Corporation and had completed five years experience as Junior Engineer.