JAYADEV DASH Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner was an Applicant in one of the three Original Applications disposed of by the Tribunal by way of a common Judgment under Annexure -4. The Petitioner in this writ application assails the legality of the said Judgment passed by the Tribunal.

(2.) CASE of the Petitioner is that he was appointed as an Assistant Drilling Engineer being selected by the Orissa Public Service Commission (OPSC) pursuant to an advertisement published by the OPSC in the year 1983. He was holding a Class -II post at the time of initial appointment and till filing of the writ application he was continuing in the said post. Further case of the Petitioner is that the Directorate of Mines was constituted in the year 1956 and there were limited number of gazetted officers working under the Director of Mines. In view of the above, the cadre strength of such officers had not been determined and there was also no cadre rules relating to the officers recruited by Government to function under the Director of Mines. In course of years the activities of the Mining Department expanded and there was an attempt to prepare a draft rules. There were officers working as Mining Officers and some others working as Geologists and some others were engaged in survey work. As far as mining administration is concerned, drilling is an important part of work and at lower levels the employees are called Drilling Operators, Drillers and Drilling Foreman, etc. For the first time with a view to streamline the activities of the Directorate of Mines, the Government in the year 1976 made a set of rules known as "The Orissa Mining and Geology Service Rules, 1976'. Under the Rules the service consists of three wings, namely Mineral Administration Wing, The Mineral Administration Wing, Geological Survey and exploration wing and chemical analysis wing. The Mineral Administration Wing consists of two branches, namely Class -I and Class -II. Class -I branch comprises of two grades, namely Senior and Junior. Class -II post under the Mineral Administration Wing includes posts of Mining Officers and such other posts as may be declared by the Government from time to time to be of equivalent status. The post of drilling Engineer was included in the Junior grade of the Mineral Administration Wing.

(3.) SHRI Mishra, learned senior counsel appearing on behalf of the Petitioner submitted that at the time of entry into service there was no cadre rules and cadre had not been framed. While forming cadre the post of Drilling Engineer was included but the post of Assistant Drilling Engineer in Class -II of the State service was not included and accordingly those officers who were holding post of Assistant Drilling Engineer in Class -II service of the State were holding ex -cadre posts. In view of the above, there was no promotional avenue for those who were working as Assistant Drilling Engineers, such as the Petitioner. Learned Counsel for the Petitioner referred to some documents to bring to the notice of the Court that the work done by the Assistant Drilling Engineers for the purpose of supporting his argument that it is the Assistant Drilling Engineers who are most suitable for promotion to the post of Drilling Engineers. Reference was made to Annexure -10, the letter written by the Director of Mining and Geology to the F.A. -cum -Deputy Secretary to Government of Orissa, Department of Steel and Mines relating to the rules regulating control, use and disposal of drilling machines & equipments. In the said letter it is mentioned that the Assistant Drilling Engineers of the Directorate undertake supervision of operation and maintenance of all tools and plants including motor Vehicles and have been assisting the Drilling Engineers through out in discharge of their duties and functions. They were authorized vide notification dated 6.6.1991 as competent authority only next to the Drilling Engineer as far as these machineries, plant and equipments are concerned. Another office order in Annexure -11/e was referred to wherein it is stated that all the Drilling Engineers are to supervise drilling operations and work of Assistant Drilling Engineers. Another letter was also referred to by the learned Counsel to Annexure -12/b in which one of the Assistant Drilling Engineers namely Sri K.C. Patel was directed to supervise the maintenance and repairs of all drilling rigs, tractors and machineries both at Headquarters and at sites and another Assistant Drilling Engineer namely Sri C.D. Sahu was also similarly directed to supervise the repairs and maintenance of all motor vehicles at headquarters and at sites. In the said letter it is also stated that all the Assistant Drilling Engineers should report to the Drilling Engineers in all matters relating to the subjects entrusted to them and they will also issue certificates regarding quality and specification of Stores relating to their subjects. On the basis of such documents it was contended by Sri Mishra, learned senior counsel appearing for the Petitioner that it is the Assistant Drilling Engineers in Class -II service of the State who are best suited for promotion to the post of Drilling Engineers but they have been kept outside the cadre and the promotion avenue is not available to them. Learned Counsel for the State submitted that at the time of entry into service, the post of Assistant Drilling Engineer in Class -II Service was treated as an ex -cadre post and the Petitioner accepted the job with all terms and conditions mentioned in the letter of appointment and therefore cannot now claim to include the post of Assistant Drilling Engineers in Class -II service to be included in the cadre so as to open a promotional avenue for them.