MEERA PIRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Writ Petition has been filed by the Petitioner challenging the Order dated 15.02.1999 passed by the Orissa. Administrative Tribunal, Bhubaneswar (hereinafter referred to as 'the Tribunal') in OA No. 2936 of 1996 wherein the Tribunal has rejected the application of the Petitioner for regularization/absorption in the post of Junior Stenographer with effect from 21.08.1996.

(2.) THE facts of the case are as follows; Petitioner was appointed as an N.M.R. on 01.04.1979 under the Budget Branch of the Office of the Executive Engineer, Bhadrak R & B Division. She was discharging her duties as per the duties assigned to her from time to time as a Clerk, Typist, Stenographer and Tracer in the regular establishment but she was denied the equal pay as that of a regular employee. In this regard; the Executive Engineer issued a certificate on 10.09.1985 that the Petitioner is working as clerk -cum -stenographer in his office. While the matter stood thus, 1787 N.M.R. employees working under the Works Department of Government of Orissa filed a Writ Petition, i.e. OJC No. 3599 of 1988 before this Court for regularization of their services and this Court vide Order dated 13.01.1989 allowed the Writ Petition with a direction to the authorities to pay the equal pay to that of the regular employee and to prepare a scheme on rational basis for absorption of the N.M.R. workers who are serving under the Works Department for more than one year. Since the authorities did not take any steps for regularization of their services, some of the employees filed Writ Petition (Civil) No. 195 of 1990 before the Apex Court. The Apex Court vide Order dated 7.1.1990 have held that the State Government shall frame a Scheme for regularization of N.M.R. employees within a period of six months. In pursuance to the said direction, Works Department vide G.O. No. 16002 dated 18.07.1991 passed a resolution and formulated a Scheme for regularization of N.M.R. employees/workers. In the said Scheme, it has been stipulated that 1787 N.M.R. employees who have been working under the Works Department for a period of more than 10 years and have the minimum educational/technical qualification required for the posts against which they are working shall be absorbed as regular Government employees. Further it was stipulated that at that time 952 posts were lying vacant out of which 47 posts were promotional posts. Thus, there were 905 posts available for absorption of N.M.R. workers. For absorption against the post of Junior Clerks and junior Stenographers Regular Recruitment Rules would be relaxed and vacancies reserved for S.C. & S.T. would be filled up by reserved candidates. Where suitable N.M.R. workers belonging to Scheduled Castes and Scheduled Tribes are not available, the said vacancies will be filled up after de -reservation by following the provisions of the O.R.V. Act and the Rules. As per the said Scheme, the gradation list of N.M.R. workers were prepared vide order No. 84125 dated 23.12.1991. In the said gradation list, the Petitioner was placed at serial No. 340 on the basis of her engagement as N.M.R. worker and it has been clearly mentioned under Annexure -4 that the Petitioner was engaged with effect from 01.04.1979 having Stenographer and Tracer qualification. Though the posts are lying vacant, the Petitioner services have not been regularized.

(3.) THE Engineer -in -Chief (Civil) again on 21.8.1996 issued a letter, vide Annexure -9, for absorption of the Petitioner in the post of Junior Stenographer which is as follows; Office of the Chief Engineer Roads and Building: Orissa No. E -IVA -54/95 Dt: Bhubaneswar, the Aug, 96From: Sri D.K. Nayak Engineer -in -chief (Civil), Orissa To The Superintending Engineer, Mechanical (R & B) Circle, Bhubaneswar. Sub: Absorption of NMR workers under regular establishment. Sir, With reference to above, it is to state that Smt. Meera Piri who is now working as NMR under the Executive Engineer, Bhadrak R&B; Division, Bhadrak is hereby sponsored to your control for her appointment against the vacant post of Junior Stenographer as per the vacancy -reported by you vide your letter No. 470 dated 7.2.1996. The appointment of Smt. Meera Piri shall be made as per the guidelines communicated to you earlier and also observing due formalities. However, before issue of appointment order a formal test shall be conducted to qualify herself for the post of Junior Stenographer. The appointment of Smt. Piri, NMR shall be conditional to the final result of the disposal of the case in OA No. 1238 of 1994 (MP No. 1728/94) OA No. 2187/95 and No. 23/96 as instructed by the Hon'ble Orissa Administrative Tribunal and the same shall be reflected in the appointment order of the candidates. Yours faithfully, Engineer -in -Chief (Civil), Orissa