SUKANTA PATRA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) HEARD Mr. B. K. Sahu, learned counsel for the petitioner.

(2.) THE petitioner was appointed as a Stipendiary Engineer on a consolidated stipend of Rs. 2000/ per month by order dated 7.4.1992 of the Government of Orissa in the Department of Energy and assigned to Orissa Lift Irrigation Corporation with a direction to the Corporation to issue detailed posting order, a copy whereof is Annexure 1. The Lift litigation Corporation in its order dated 25.4.1992 (Annexure 2) pursuant to the letter of the Energy Department of the Government of Orissa, posted the petitioner to L.I. Division, Aul. The petitioner was transferred to Grid Corporation, which issued posting order dated 17.7.1997 and posted him as a Stipendiary Engineer (shift) TL S/D, Ganjam (Annexure 3) in which he joined. The petitioner while was continuing as a Stipendiary Engineer, was appointed by the Grid Corporation permanently as Stipendiary Engineer (E) with effect from 25.7.1997 F.N., which is the date of joining of the petitioner in Grid Co. and re designated him as Assistant Manager (Grade E 3) with effect from the said date on terms and conditions of the Grid Co. officers' Service Regulation, a copy whereof is Annexure 4.

(3.) UNDISPUTEDLY , the petitioner was continuing as a Stipendiary Engineer under the Grid Corporation of Orissa Ltd. as on 4.8.1997 when pursuant to the resolution of the Government, he was permanently absorbed in the Grid Co. Service as Stipendiary Engineer with effect from 25.7.1997 F.N., the date on which he joined the Grid Co. On being permanently absorbed in Grid Co. he was re designated as Assistant Manager (Grade E III) with effect from that date on the terms and conditions applicable to the Grid Co. Officers. The Government, in its Resolution dated 12.3.1996, copy whereof is annexure 5, taking into consideration the demands of the Stipendiary Engineers for regularization of their services in the cadre of Assistant Engineers or against similar posts, decided that the Stipendiary Engineers of the different disciplines are to be appointed in the post of Assistant Engineers carrying the scale of pay of Rs. 2000 3500/ or any similar posts on ad hoc basis against the regular vacancies, the services of the Assistant Engineers are to be regularized through Validation Act and some of the provisions of the Orissa Engineering Service (Recruitment and Conditions of Service) Rules, 1941 are to be amended with the approval of the Cabinet.