Orissa High Court
Kailash Ch. Nayak & Ors vs Odisha Industrial on 3 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3138 OF 2018
Kailash Ch. Nayak & Ors. ..... Petitioners
Mr.S.K. Das, Advocate
Vs.
Odisha Industrial ..... Opposite parties
Infrastructure
Development Corporation, Mr.P. K. Mohanty, Sr.
IDCO, BBSR & Ors. Advocate
O.P. No.1 & 2
Mr. M.K. Mallick, Adv.
O.P.No.3 & 5
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
03.08.2021
Order No. This matter is taken up through hybrid mode.
Heard Mr. S.K. Das, learned counsel for the petitioners
and Mr. P.K. Mohanty, learned Senior Counsel appearing
along with P. Mohanty, learned counsel for opposite parties
no.1 and 2.
The petitioners have filed this writ petition seeking
direction to opposite parties no.1 and 2 to restore their
seniority over opposite parties no.3 to 5 upon finalizing the
gradation lists in the cadres of Accountants and Assistant
Manager (Finance) and grant them consequential up-
gradation/promotion retrospectively from the date opposite
parties no.3 to 5 have got their up-gradation/promotion with
all consequential service and financial benefits within a
stipulated period.
Mr. S.K. Das, learned counsel for the petitioners
contended that the Chief Manager (P & A), IDCO by order of
Managing Director, IDCO issued office order dated
05.02.1997 after careful consideration of the objection raised
by some of the Accounts Assistant of the Tentative Gradation
List, wherein the names of the petitioners found place in Sl.
No.15 to 25 and the names of opposite parties no.3 to 5
have been shown as juniors to the petitioners at Sl. No.29 to
31.
It is also contended that this Court vide order dated
07.03.2018 while issuing notice to the opposite parties
passed the order stating, inter alia, although by virtue of
reservation policy, the members of reserved categories can
be granted promotion but the moment, the members of the
General category is being extended the benefit of promotion
they will automatically resume their seniority which they are
possessing in the basic cadre that would be in terms of the
principle of "catch up theory" as would be evident from the
judgment rendered by the apex Court in the case of Ajit
Singh v. State of Punjab, AIR 1999 SC 3471 and Union of
India v. Virpal Singh Chauhan, AIR 1996 SC 448, by
referring these judgments the petitioners have made
objections, but without deciding the said objections, the
authorities have granted promotion by granting the benefit of
consequential seniority even though in the State of Odisha,
the data has not been collected in terms of the parameters
fixed by the apex Court in M. Nagraj v. Union of India, AIR
2007 SC 71, wherein detail guideline has been reflected in
para-121. It is further contended that after receiving notice,
opposite parties no.1 and 2 filed their counter affidavit,
wherein paragraph-22 states as follows:
"22. That, for the above stated reason, the provisional
gradation list of Accountant published vide Office Order
No.16596 dated 06.09.2008 and corrigendum No.17174
dated 06.09.2008 was not finalized."
Thereby, it is further contended that in view of statement
made in paragraph-22 of the counter affidavit, let the
authorities consider the objections filed by the petitioners
before finalizing the provisional gradation list of Accountants
published vide office order dated 06.09.2008 and
corrigendum dated 06.09.2008.
Mr. P.K. Mohanty, learned Senior Counsel appearing
for opposite parties no.1 and 2 contended that the petitioners
have already filed objections vide Annexure-9 series, which
are pending for consideration of inter se seniority. Thereby
direction may be issued to consider the same before
preparing provisional gradation list, as has been
contemplated in paragraph-22 of the counter affidavit.
Considering the contentions raised by learned counsel
for the parties and after going through the records, since the
claim of the petitioners for inter se seniority in the gradation
list and to that extent they have filed objections vide
Annexure-9 series, which are still pending for consideration,
as has been stated in paragraph-22 of the counter affidavit,
let the authority consider the same before finalization of the
provisional gradation list of Accountants in accordance with
law as expeditiously as possible preferably within a period of
four months from the date of production of the order.
With the above observation and direction, the writ
petition is disposed of
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a print out of the order available in the High Court's
website, at par with certified copy, subject to attestation by
the concerned advocate, in the manner prescribed, vide
Court's Notice No.4587 dated 25th March, 2020, as modified
by Court's notice no. 4798 dated 15th April, 2021.
Alok
DR. B.R. SARANGI, J.
