SANATANA SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant writ petition is filed by the petitioner challenging the final gradation list dtd. 24/9/2020 as at Annexure-3 and for a direction to opposite party Nos.1 and 2 to redraw the same on the basis of inter se seniority among the Junior Data Entry Operators (Jr. DEOs) on the grounds stated.

(2.) In fact, the petitioner questions the impugned decision with respect to the final gradation list of Jr. DEOs posted in different Departments of the Secretariat as on 1/9/2020. According to the petitioner, a provisional gradation list was prepared and he was placed at Serial No.1 therein with the date of joining in the rank of Jr. DEO on 30/6/2011, yet in the final gradation list, opposite party Nos.3 to 18, who joined as Jr. DEOs much after were placed above him. The plea of the petitioner is that he could not have been superseded and placed below the said opposite parties and therefore, seniority as per the provisional gradation list (Annexure-2) is required to be restored.

(3.) The petitioner for having a qualification of Post Graduate Diploma Computer Application was engaged as a Computer Operator in PH, Sub-Division, Baripada under the Executive Engineer, RWSS, Balasore on 1/9/1995 and thereafter, the Chief Engineer, PH (Urban) by Office order dtd. 6/11/2002 to the Financial Advisor-cum-Joint Secretary to Government, Housing and Urban Development Department intimated that the petitioner has been directed to work as such on a consolidated salary of Rs.7000.00. It is the case of the petitioner that he requested the authorities of PH, Division and Housing and Urban Development Department for his regularization in service, whereafter, on the basis of instructions received from the Chief Engineer, PH (Urban), the Executive Engineer, PH, Baripada furnished a list of employees mentioning his name therein for such regularization. It is further pleaded that proposals were mooted to create posts of Data Entry Operators and to regularize the petitioner as such post was not available earlier. In the meanwhile, according to the petitioner, opposite party No.2 requested the Finance Department in 2004 to consider the case of the petitioner and the latter concurred creating of two posts of Jr. DEOs in Housing and Urban Development Department, however, such posts were filled up through service providers and as a result, he had to approach the Odisha Administrative Tribunal, Bhubaneswar in OA No.3421 of 2013 with a direction to Government to regularize or absorb him in the post of Jr. DEO or Computer Operator with all service and financial benefits as has been extended to others, who are similarly situated and the same was disposed of by an order dtd. 14/5/2015 rejecting the plea for regularization, as against which, W.P.(C) No.14365 of 2015 was filed and it was disposed of by a judgment dtd. 1/11/2017 with the order of the Tribunal set aside and the matter being remitted back to the authorities concerned to regularize his service. It is also pleaded that the petitioner filed CONTC No.556 of 2018 as the direction in W.P.(C) No.14365 of 2015 was not carried out, whereafter, he was appointed as Jr. DEO in the scale of pay as admissible under the Rules against the vacant post of Jr. DEO with effect from 30/6/2011. A copy of the order of appointment is at Annexure-1.