Ajay Kumar Mohapatra & Ors vs State Of Odisha & Ors
2023 Latest Caselaw 7747 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No. 38107 of 2020

Ajay Kumar Mohapatra & Ors.                .....                                    Petitioners
                                                                   Mr.B.Routray, Sr. Advocate
                                           Vs.
State of Odisha & Ors.                     .....                               Opposite Parties
                                                                          Mr. G.N.Rout, ASC

                             CORAM: JUSTICE SANJAY KUMAR MISHRA

                                                   ORDER

17.07.2023 Order No. This matter is taken up through hybrid mode.

09.

2. Learned Counsel for the parties are present.

3. Mr. Rout, leaned ASC for the State submits that though the judgment dated 07.12.2022 passed in W.P.(C) No.24000 of 2019 (Satyashri Mohapatra v. State of Odisha & Ors.) is identical to the issue involved in the Writ Petition but the prayer of the Petitioners is not squarely covered by the said judgment.

4. Mr. Rout, learned ASC draws attention of this Court to Order dated 06.03.2020 as at Annexure-6 and submits, pursuant to order passed by the common order dated 13.02.2019 in O.As (No.3204(c)/2017 to 3211(c)/2017) and being so directed, the Petitioners and similarly placed others were upgraded to the rank of Assistant Executive Engineer (Civil) in Work Charged Establishment with effect from 08.07.2019.

5. He further draws attention of this Court to averments made in para-5 of the Counter Affidavit filed by the State-Opposite Party and submits that the work-charged post of Assistant Engineer came into existence w.e.f. 08.07.2019 on creation vide R.D. Department sanction order dated 08.07.2019. Accordingly, the said work-charged post was upgraded to the rank of work-charged Assistant Executive Engineer w.e.f the said date vide order dated 14.02.2020.

6. He further submits, the Assistant Engineer post cannot be upgraded to the post of Assistant Executive Engineer w.e.f. 21.03.2013 retrospectively unless such post were available under the respective Departments as on 21.03.2013.

7. In response to the said submission made by Mr. Rout, Mr. Routray, learned Senior Counsel draws attention of this Court to the Office Order dated 03.09.2004 as at Annexure-2 Series and submits, the Petitioners and similarly placed others, working under the R.W. Organization of Rural Development Department, were engaged as Assistant Engineers on contract basis on a consolidated salary as against the regular vacant sanctioned post of Assistant Engineers (Civil and Mechanical) under R.W.Organization.

8. Similarly, he draws attention of this Court to Resolution dated 21.03.2013 as at Annexure-7 and submits, the said resolution of the Department of Water Resources is applicable to all Engineering Departments, including the Rural Development Department.

9. Since such averments made in the Writ Petition has not been specifically dealt with or denied in the Counter Affidavit, Mr. Rout prays for two weeks time to take instruction and file Affidavit to the said effect as to applicability of the Resolution dated 21.03.2013 (Annexure-7) to the Rural Development Department.

10. Affidavit, as prayed for, be filed by 31.07.2023 after serving copy of the same on learned Counsel for the Petitioners.

11. Matter be listed in the week commencing from 7th August, 2023.

(S.K. MISHRA) JUDGE

Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 18-Jul-2023 11:05:19