Debendra Sahu vs State Of Orissa And Others
2023 Latest Caselaw 6265 Ori

              ORISSA HIGH COURT: CUTTACK

                   W.P.(C) No.18711 of 2019

                               ----
Debendra Sahu                         .....   Petitioner

                               -versus-

State of Orissa and others            .....   Opp. Parties

                     W.P.(C) No.18971 of 2019

Dilip Kumar Majhi                     .....   Petitioner

                               -versus-

State of Orissa and others            .....   Opp. Parties

                     W.P.(C) No.18973 of 2019

Jatin Kumar Barik                     .....   Petitioner

                               -versus-

State of Orissa and others            .....   Opp. Parties

Advocates appeared in the case:

   For Petitioners           : Mr. Satyabrata Mohanty, Adv.
   (in all Writ Petitions)

  For O.P. No.1              : Mr. G.N. Rout, ASC
   (in all Writ Petitions)

  For O.P. Nos. 2 to 4)  : Mr. Bibhudendra Dash, Adv.
  (in WP(C) No.18711/2019)

  For O.P. Nos. 2 to 4)   : Mr. P.K. Sahoo, Adv.
  (in WP(C) Nos.18971 & 18973 of 2019)
            CORAM: JUSTICE SANJAY KUMAR MISHRA

-----------------------------------------------------------------------------------------
            Date of Hearing and Judgment : 04.05.2023
 ---------------------------------------------------------------------------------------

S.K. Mishra, J.

As W.P.(C) Nos.18971 and 18973 of 2019 are on board

today along with the present Writ Petition, having identical issue,

so also the impugned Orders passed therein being identical to

the present Writ Petition, all the matters are heard together and

disposed of vide this common judgment and W.P.(C) No.18711 of

2019 is taken up as lead case.

2. The Petitioner has preferred the Writ Petition challenging

the Order dated 17.09.2019 passed by the Senior General

Manager (HR), Central Electricity Supply Utility (CESU),

Bhubaneswar, Dist. Khurda, wherein his representation for

promotion from the post of Junior Manager (Elect.) to the post of

Assistant Manager (Elect.) was rejected allegedly violating the

Executive Promotion Policy for executive cadre.

3. The factual matrix leading to filing of the present Writ

Petition is similar to other Writ Petitions, as detailed above. The

Petitioner, being a qualified Diploma Engineer (Elect.) and

prosecuting his higher studies, pursuant to advertisement issued

by Central Electricity Supply Utility Authority, hereinafter

W.P.(C) Nos.18711 of 2019 referred to as 'CESU Authority' for brevity, for the post of

Management Trainee, duly applied for the said post, as he was

fulfilling all the eligible criteria. In due process of selection, he

could be able to succeed in the interview and duly selected for

the post of Management Trainee. Pursuant to the Order of

appointment issued by the Senior General Manager (HR) on

06.11.2010, being appointed as Management Trainee, he

resumed his duty.

It is further case of the Petitioner that he completed the

Bachelor Degree in Electrical and Electronics Engineering from

National Institute of Science and Technology, Berhampur

affiliated to Biju Patnaik University of Technology in the year

2009-2010. After obtaining the certificate, he applied for

promotion to the next higher post as he had completed Degree in

Electrical Engineering.

While continuing as such, the Petitioner was posted at Puri

Electrical Sub-Division under Puri E.D. as MRT Squad vide Order

dated 09.12.2010. While posted as such, as per the Service

Regulations of OPTCL Officers and GRIDCO Officers Promotion

Policy, he represented the Authority concerned for promotion to

the post of Assistant Manager (Elect.) in E-3, as the same is

squarely applicable to the employees of CESU.

W.P.(C) Nos.18711 of 2019 It is further case of the Petitioner that as per clause 7.3.3 of

GRIDCO Officers' Promotion Policy, the number of vacancies to

be filled up by promotion of Junior Managers (Elect.) in E-2 to

the post of Assistant Manager (Elect.) in E-3 shall not exceed

33% of the total number of posts of Assistant Manager (Elect.)

and proviso under the said clause provides that 5% of the total

number of posts of Assistant Manager (Elect.) shall be filled up

by Junior Manager with Degree in Engineering in case such

candidates are available in E-2 and further proviso under the

said clause provides the Junior Engineers, who are diploma

holders in Engineering but have not completed at least 10 years

of services, shall not be considered for promotion.

While continuing as such, the General Manager (HR),

CESU, Bhubaneswar issued letter dated 25.06.2014 to all the

Circle Managers and Divisional Managers for submission of

wanting EPARs Report, wherein the present Petitioner's name

was found place at Sl. No.6 i.e. for promotion. During pendency

of the issue regarding promotion, the Petitioner submitted a

representation on 20.05.2014 through proper channel to the

Authority concerned along with his testimonial for consideration

of his case for promotion to the post of Assistant Manager

(Elect.), as he completed the Degree Course in Engineering.

W.P.(C) Nos.18711 of 2019 It is further case of the Petitioner that though OPTCL has

issued Office Order of promotion to different Junior Managers to

the post of Assistant Manager (Elect.) taking into consideration

the 5% quota in considering the degree qualification, but his case

was not considered without assigning any reason. The Authority

concerned has deliberately ignored the case of the Petitioner by

misinterpreting the service Rules and giving promotion to the

juniors in the guise of experience. Hence, the General Secretary

of the Engineers' Association represented to the Authority for

implementation of the Promotion Policy in its true letter and

spirit for smooth management and affairs of the Establishment.

The Senior General Manager (HR), CESU, Bhubaneswar

issued Office Order with regard to Gradation List of Junior

Managers (Elect.) as on 01.04.2017 indicating there in the

respective designation, qualification, date of birth and date of

joining, wherein the Petitioner's name was found place in Sl.

No.182.

4. When the matter stood thus, the Senior General Manager,

(HR) issued Office Order dated 04.06.2018 indicating therein that

pursuant to DPC held on the same day i.e. on 04.06.2018, the

Junior Managers (Elect.) in E-2 Grade, having Degree in

Electrical Engineering, have been promoted to the post of

W.P.(C) Nos.18711 of 2019 Assistant Manager (Elect.) in E-3 Grade. It is further pleaded that

from the said Order dated 04.06.2018, it can be well seen that

some of the persons, those who have obtained qualification of

higher degree after the Petitioner, have been promoted to the post

of Assistant Manager (Elect.) in E-3, whereas the Petitioner's case

has not been considered, which is per se illegal and colorable

exercise of power.

It is also stand of the Petitioner that as per the Service

Regulations and Promotion Policy, the Junior Managers (Elect.)

in E-2 will be promoted to the post of Assistant Managers (Elect.)

in E-3 under the 5% quota to be filled up by the Junior Manager

with Degree in Engineering available in E-2 category. The

Petitioner, having qualification of Degree Engineering just after

the entry into the service i.e. on 06.11.2010, is otherwise eligible

to be promoted to the post of Assistant Manager (Elect.) in E-3. It

is further stand of the Petitioner that the action of the Authority

concerned in not considering his case for promotion to the post of

Assistant Manager in E-3 is a product of non-application of mind

and biasness. In case of one M.R.N. Senapati, while complying

the Order of this Court, the Opposite Party has taken a stand

that 5% of total number of posts of Assistant Managers (Elect.)

shall be filled up by Junior Engineer (Elect.) with Degree in

W.P.(C) Nos.18711 of 2019 Engineering. That apart, it is also contended that no minimum

period of service shall be prescribed from the post of Junior

Manager (Elect.) having Degree in Electrical Engineering for

promotion to the post of Assistant Manager (Elect.) against 5%

quota. The Opposite Party has given promotion to different

persons having degree qualification, but did not consider the

case of the Petitioner without any reasons. The Petitioner, being a

degree holder, has not been considered in the last DPC, whereas

other cases have been considered, though he is having

unblemished service career and is performing his duty

uninterruptedly since 2010, to the utmost satisfaction of the

Authority. Because of such promotion given to different persons,

the Petitioner immediately gave a representation on 05.06.2018.

Due to non-consideration of his representation by the Authority

concerned, the Petitioner was being constrained to approach this

Court in W.P.(C) No.9940/2018, which was disposed of at the

stage of admission on 08.04.2019, directing the Authority

concerned to take a lawful decision on the representation of the

Petitioner by giving him chance of personal hearing. Finally, his

representation was disposed of vide impugned Order dated

17.09.2019, on some flimsy ground that the Petitioner must have

taken prior permission from the office for pursuing the Degree in

W.P.(C) Nos.18711 of 2019 Electrical Engineering during the course of his employment in

CESU, (ii) he must have passed the Degree in Electrical

Engineering from the recognize Institution/University and (iii) he

must have completed 5 years of service as Junior Manager

(Elect.)

It is further case of the Petitioner that so far the point nos.

(ii) and (iii) are concerned, he is having the said eligibility criteria

and to the contrary, the Authority concerned, vide Order dated

16.04.2009 (Annexure-12) has stated that no minimum period

has been prescribed for Junior Managers having Degree in

Electrical Engineering, for promotion to the post of Assistant

Manager (Elect.) against 5% quota. Besides that, from the

contents of the letter dated 03.09.2019, as at Annexure-9, it is

also crystal clear that persons, those who have been promoted

from the post of Junior Manager (Elect.) to the post of Assistant

Manager (Elect.) in the year, 2015, have never completed five

years of service as Junior Manager and promotions were being

given by the Opposite Party Management as per its own sweet

will violating the constitutional mandate, so also law of the land.

It has further been stated that though in the rejection order, it

has been indicated that prior permission for prosecuting the

Degree in Electrical Engineering is required, when the Petitioner

W.P.(C) Nos.18711 of 2019 applied for the post, at that point of time, he had not completed

the Degree in Engineering as the result was awaiting. Hence, he

had not declared in the application while applying for the said

post as to possessing the said qualification. Rather, his result

was declared after the Petitioner joined in CESU. After he was

qualified, he immediately intimated the Authority concerned

about obtaining the certificate from the concerned Institute.

Hence, question of suppression of material fact does not arise.

Clause 7.3.4 of the GRIDCO Officers' Promotion Policy provides

that notwithstanding the person, who possesses the qualification

prescribed for direct recruitment, shall also be eligible to offer

themselves for Departmental Recruitment in accordance with

GRIDCO Officers' Recruitment Policy. Prior permission from the

office for pursuing Degree Course may be applicable to the

employees, those who have intended to take admission in the

course of employment. But, in the instant case, the Petitioner

was prosecuting his studies while he applied for the said post

and subsequently joined in service and after he joined, his result

was published. Hence, the concept of taking prior permission is

misinterpreted by the Authority concerned. It is further case of

the Petitioner that even those, who have completed the Degree

Course without taking permission of the Authority while in

W.P.(C) Nos.18711 of 2019 service, were also given promotion to the post of Assistant

Manager (Elect.). One Sanjay Mohanty, Electrical Section of

Raghunathpur in the District of Jagatsinghpur, along with

others, have been given promotion to the Post of Assistant

Manager (Elect.), whereas out of grudge, the Petitioner was

victimized and was deprived of legitimate promotion to the post of

Assistant Manager (Elect).

5. Being noticed, the contesting Opposite Parties have filed a

common Counter Affidavit. The sum and substance of the said

Counter is that the Petitioner has neither passed the Degree in

Electrical and Electronics Engineering during the course of his

employment in CESU nor has intimated the said fact in his

application for job or at the time of joining in CESU, which

amounts to suppression of material fact and such act also

amounts to misconduct. Hence, the case of the Petitioner for

promotion from the post of Junior Manager (Elect.) to the post of

Assistant Manager (Elect.) under 5% quota could not be

considered in the DPC held on 04.06.2018, as he has completed

B. Tech Degree in Electrical & Electronics Engineering prior to

his joining in CESU. The Authority concerned was justified to

reject the representation of the Petitioner vide Order dated

17.09.2019.

W.P.(C) Nos.18711 of 2019 That apart, a stand has been taken in the Counter Affidavit

that as per the internal circular dated 08.12.2017, the criteria for

promotion under 5% quota is that the candidate must have taken

prior permission for prosecuting Degree in Electrical Engineering

during the course of employment, he must have passed in Degree

in Electrical Engineering from a recognized Institution/University

and must have completed five years of service as Junior Manager

(Elect.). The Petitioner has not fulfilled the 1st criteria as to taking

prior permission for prosecuting Degree in Engineering.

6. In response to the Counter Affidavit filed by the Opposite

Party Nos. 2 to 4, a Rejoinder Affidavit has been filed by the

Petitioner reiterating the stand taken in the Writ Petition. That

apart, it has been specifically pleaded that one Sanjay Mohanty,

while in service, did his full time Electrical Engineering Degree

Course from 26.12.2002 to 31.05.2004, without taking post fact

approval and permission from the concerned Authority. A

departmental proceeding was initiated against Sri Mohanty for

acquiring Degree Engineering as a regular student without the

knowledge of the Authority concerned. Being found guilty, he was

censured for adopting unfair means and methods for achieving

W.P.(C) Nos.18711 of 2019 higher qualification and higher post. Despite such censure, the

incremental benefit was extended in his favour for the period

from 26.12.2002 to 31.05.2004 i.e. the period Mr. Mohanty

remained absent for prosecuting Electrical Engineering Degree

Course. Further, the Authority concerned passed the order of

post facto approval and promotion in favour of Mr. Mohanty,

permitting him to the post of Assistant Manager (Elect.) in E-3

Grade w.e.f. 26.09.2008 and again to the post of Deputy Manager

(Elect.) w.e.f 22.04.2013 i.e. the date of promotion of his

counterpart, Ex-Junior Manager (Elect).

7. The GRIDCO Officers' Promotion Policy, which is framed

under Clause 8 and 11 of the GRIDCO Officers' Service

Regulations, is applicable to the employees of CESU. No where

under the said Policy, it has been stipulated that only the in-

service candidates, who did their Degree Engineering as in

service candidates, are to be considered under the 5% quota

meant for promotion to the post of Assistant Manager (Elect).

8. Mr. Mohanty, learned Counsel for the Petitioner draws

attention of this Court to clause 7.3.3 & 7.3.4 of the GRIDCO

Officers' Promotion Policy, which are extracted below.

W.P.(C) Nos.18711 of 2019 "7.3.3 For promotion to the post of Junior Engineer, Civil from the workmen cadre, he/she should have at least five years' service in Highly Skilled B category of Technical Classification.

7.3.4. The number of vacancies to be filled up by promotion of Jr. Managers (El) shall be filled up by Jr. Manager (EL) with degree in engineering in case such candidates are available in E-2.

Provided further that the Jr. Engineers who are diploma holders in engineering but have not completed at least 10 years of services shall not be considered for promotion.

Notwithstanding the above, the candidates possessing qualification prescribed for direct recruitment shall also be eligible to offer themselves for Departmental Recruitment in accordance with GRIDCO Officers Recruitment Policy."

(Emphasis supplied)

Mr. Mohanty submits that as the result of the Petitioner for

prosecuting B. Tech Degree had not been declared by the

Institution, there was no occasion on the part of the Petitioner to

disclose in his application for employment as to possessing the

qualification of B. Tech Engineering. Further, since his client had

already prosecuted the course of B. Tech Degree by the said time

and had appeared in the examination, while applying for the post

of Junior Engineering, the stand of the Opposite Party as to not

taking prior permission from the Authority concerned for

prosecuting higher studies is misconceived. He further submits

that there is a specific averment in Paragraph-21 of the Writ

W.P.(C) Nos.18711 of 2019 Petition that his client promptly intimated the Authority

concerned as to possessing higher qualification i.e. B. Tech

Degree in Electrical Engineering immediately after possessing the

certificate from the concerned Institution. Also, there is an

averment to the effect that vide communication dated 20.05.2014

(Annexure-7) made to the General Manager (HR), a request was

made for consideration of candidature of Petitioner for the post of

Assistant Manager (Elect.), enclosing thereto copy of the B. Tech

certificate and mark sheet. Accordingly, Petitioner's case was

processed by the General Manager (HR) by issuing letter dated

25.06.2014 (Annexure-6). The General Manager (HR) wrote to

various Authorities for submission of wanting EPARs of Junior

Manager (Elect.) including the EPAR of the present Petitioner.

Such averments made in the Writ Petition have not been

specifically denied or dealt with in the Counter Affidavit filed by

the Opposite Parties.

Mr. Mohanty draws attention of this Court to the

communication made to one M.R.N. Senapati, working as Junior

Manager (Elect.), (Annexure-12), and submits that vide the said

communication, it was intimated to Mr. Senapati that there is a

separate provision under Rule 7.3 in the Promotion Policy for

promotion of Executives in Engineering discipline, which has

W.P.(C) Nos.18711 of 2019 been discussed in the said communication. It was specifically

indicated vide said communication that no minimum period of

service has been prescribed for a Junior Manager (Elect.) having

degree in Electrical Engineering for promotion to Assistant

Manager (Elect.) against 5% quota. It was also communicated

vide the said letter dated 16.05.2009 as to applicability of

Executive Promotion Policy of GRIDCO to CESCO (subsequently

known as CESU) w.e.f. 01.04.1999.

Mr. Mohanty further draws attention of this Court to Office

Order dated 15.04.2011, which has been appended to the

Counter Affidavit, filed by CESU as Annexure G/2 and submits,

one Mr. Sanjay Mohanty, Junior Manager (Elect.), was censured

for adopting unfair means and methods for achieving higher

qualification and higher post. There was no direction by this

Court to give him promotion to the post of Assistant Manager

(Elect.). On being approached by Mr. Sanjay Mohanty, this Court

in W.P.(C) No.222 of 2020, vide Order dated 9.01.2020, simply

disposed of the said Writ Petition at the stage of admission

directing the CESU Authority to consider the request of Mr.

Mohanty and take a lawful decision thereon, as appropriate. Mr.

Sanjay Mohanty, on the plea of implementation of the direction of

this Court, was promoted to the post of Assistant Manager

W.P.(C) Nos.18711 of 2019 (Elect.) in E-3 Grade w.e.f. 22.04.2013 i.e. the date of promotion

of his counterpart Ex-Junior Managers (Elect.). Further, the

incremental benefit of Sri Mohanty was also extended for the

period from 26.12.2002 to 31.05.2004, for which period he was

pursuing his Electrical Engineering Degree Course as a regular

student, without seeking permission and disclosing before the

Authority concerned to prosecute higher studies.

To substantiate his submission, so also prayer in the Writ

Petition, Mr. Mohanty relies on the judgment of this Court in

Smruti Rekha Mishra vs. State of Odisha and others, reported

in 2022 (I) OLR 429 and submits, Mr. Sanjay Mohanty has

already been given promotion to the post of Assistant Manager

(Elect.), despite finding him guilty in a departmental proceeding.

His client's case stands in a better footing as he had prosecuted

his higher studies and appeared in the examination prior to

applying for the post of Junior Manager (Elect.) under the

Opposite Party-Employer, thought the result was declared by the

Institution after the petitioner joined in the post of Junior

Manager (Elect.). He prays for interfere with the impugned Order

and direction to the Authority concerned to promote the

Petitioner with retrospective effect i.e. from the date his

counterparts were promoted to the post of Assistant Manager

W.P.(C) Nos.18711 of 2019 (Elect.) and pay him all the consequential benefits, what the

petitioner would have been entitled to, had he been promoted to

the post of Assistant Engineer (Elect.) in terms of Promotion

Policy of GRIDCO, which was adopted by the Management of

CESU, now taken over by the Management of Tata Power Central

Orissa Distribution Limited, shortly, TPCODL, the substituted

Opposite Party Nos. 2 to 4.

9. Mr. Dash, learned Counsel for the Opposite Parties,

reiterating the stand taken in the Counter Affidavit, submits that

there is no infirmity in the impugned order. The Authority

concerned has rightly dealt with the representation of the

Petitioner and has rejected the same by passing a reasoned order

after giving a chance of personal hearing to the Petitioner. He

further submits, promotion from the post of Junior Manager

(Elect.) to the post of Assistant Manager (Elect.) under 5% quota

is meant for the Junior Managers, who did their degree in

Electrical Engineering remaining in services and taking due

permission of the Authority concerned and is not applicable to

the Junior Managers, who were earlier possessing degree

qualification prior to their joining in the organization under the

Opposite Party. Since the Petitioner did his Degree in Electrical

Engineering prior to joining in CESU, his case was rightly not

W.P.(C) Nos.18711 of 2019 considered by the Authority concerned under the said 5% quota

meant for those category of Junior Engineers. He further submits

that at the time of applying for the post of Junior Manager

(Elect.), the Petitioner did not disclose before the Authority

concerned by indicating so in his application as to prosecuting

Degree in Electrical and Electronics Engineering or at the time of

joining, though he might have intimated the Authority concerned

as to possessing such higher qualification subsequent thereto.

10. Admittedly, the GRIDCO Officers' Promotion Policy, relevant

portion of which has been quoted above, is silent as to restricting

the said 5% quota of promotion to the Junior Engineers, who

possessed the qualification of Degree Engineering during their

employment taking prior permission of employer. Further, as is

revealed from Office Order dated 29.05.2020, as at Annexure-17,

though Mr. Sanjay Mohanty did his full time Electrical

Engineering Degree Course remaining absent from duty and

without prior approval and permission of the Authority

concerned to prosecuting higher studies, on the pretext of

implementation of direction given by this Court, rather he was

rewarded with promotion to the post of Assistant Engineer

(Elect.) E-3 w.e.f. 26.09.2008 and was further promoted to the

W.P.(C) Nos.18711 of 2019 post of Deputy Manager (Elect.) w.e.f. 22.04.2013. The contents

of the said Office Order dated 29.05.2020 are extracted below.

" Whereas Sri Sanjay Mohanty, DM (Ele.), CDD No.I, Cuttack had acquired Degree in Electrical Engineering as a regular student while continuing in regular Service of the Utility, explanation was called from him. Therefore, in the DPC held on 19.09.2008, his case for promotion from JM (Ele) to the post of AM (Ele) under 5% quota could not be considered. As a result, his counterpart ex-Junior Managers (Ele.) had been promoted to the post of Asst. Manager (Ele) w.e.f. 26.09.2008 under 5% quota vide CESU Office Order No.34551 dated 26.09.2008. Subsequently, Departmental Proceeding No.21 dated 03.11.2008 was framed against him. On finalization of the said Departmental Proceeding, Sri Mohanty is censured for adopting unfair means and methods for achieving higher qualification and higher post and the incremental benefit for Sri Mohanty is extended by 521 days i.e. from 26.12.2002 to 31.05.2004 (period of pursuance of full time Electrical Engineering degree Course) vide CESU Office Order No.12496 dated 15.04.2011.

In view of the above, Sri Mohanty had filed the Writ Petition vide W.P.(C) No.222 of 2020 before the Hon'ble High Court of Orissa seeking for a direction to the opposite parties to quash the order passed by the Disciplinary Authority dated 15.04.2011 vide Annexure- 9 and to release all the consequential benefits. The Hon'ble High Court by order dated 09.01.2020 has disposed of the writ petition directing CEO, CESU (O.P. No.1) to consider the request of the petitioner and take a lawful decision thereon as appropriate. The Opposite Party No.1 has found that, the seniority of the Petitioner has not been affected by the order passed by the Disciplinary Authority and hence his claim was not having merit and accordingly compliance report has been communicated to the Petitioner vide CESU Office letter No.3248 dated 10.02.2020.

Subsequently, Sri Mohanty has filed another Writ Petition vide WP(C) No.7101 of 2020 before the Hon'ble High Court of Orissa with a prayer to quash the order

W.P.(C) Nos.18711 of 2019 passed by the Disciplinary Authority dated 15.04.2011 vide Annexure-3 as the identical order has already been quashed by the Hon'ble Court in respect of others vide order dated 31.07.2019 passed in W.P.(C) No.15005, 15008, 15004, 15006 and 15007 of 2014 and further seeking direction to opposite parties to extend the benefit of promotion to the post of Ass. Manager in E-3 grade from the date of his batch mates have given such promotion i.e. w.e.f. 26.09.2008 and to grant him all consequential service and financial benefits. The Hon'ble High Court by order dated 15.05.2020 in WP (C) No.7101 of 2020 has quashed the order at Annexure-3.

In view of the above, as per approval of the Competent Authority, the Petitioner Sri Sanjay Mohanty is hereby promoted to the post of Asst. Manager (Ele) in E-3 Grade w.e.f. 26.09.2008 & to the post of Deputy Manager (Ele) w.e.f. 22.04.2013 i.e. the date of promotion of the counter part ex-Junior Managers (Ele).

Consequent upon regularization of his promotion to the post of AM (Ele) & DM (Ele) retrospectively, his pay will be notionally fixed as AM (Ele) w.e.f. 26.09.2008 and DM (Ele) w.e.f. 22.04.2013 & he will not be eligible for any arrear financial benefits for the period for which he has not actually worked in the higher grade post.

On regularization of promotion to the post of AM (Ele) & DM (Ele), his seniority will be re-fixed and placed below Sri Basanta Kumar Das as AM (Ele) & DM (Ele).

This is issued towards compliance of the order dated 15.05.2020 passed by the Hon'ble High Court of Orissa in WP(C) No.7101 of 2020. "

(Emphasis supplied)

11. Law is well settled that in Service Jurisprudence, if a

similar benefit is given to an employee, such benefit should be

extended to all similarly situated employees without any

discrimination. The authorities are required to act with all

W.P.(C) Nos.18711 of 2019 fairness as fair play is an integral part of all administrative

decision making process.

12. In view of the pleadings and documents on record,

arguments advanced by the learned Counsel for the parties and

the settled position of law, this Court is inclined to set aside the

impugned Order dated 17.09.2019, as at Annexure-15, the same

being illegal, arbitrary and contrary to the GRIDCO Officers'

Promotion Policy, adopted by the Management of CESU.

Accordingly, the said Order dated 17.09.2019 is set aside.

13. The W.P.(C) Nos.18971 and 18973 of 2019 being identical

to W.P.(C) No.18711 of 2019 with identical prayer, the impugned

Orders dated 12.09.2019, as at Annexure-15 in other connected

Writ Petitions, are also set aside.

14. It is seen from the record, in all the three Writ Petitions, the

Senior General Manager (HR), CESU has clearly indicated vide

Orders, all dated 20.03.2020, the said promotions to the post of

Assistant Manager (Elect.) shall be subject to the final outcome of

various Writ Petitions, including the present Writ Petitions. It is

further seen from the record that this Court, vide interim Orders,

ordered that any action pursuant to impugned Order, as at

Annexure-15, shall remain subject to result of the Writ Petitions.

W.P.(C) Nos.18711 of 2019

15. In view of the above, this Court directs the Authority

concerned to promote the Petitioners to the post of Assistant

Engineer (Elect.) in terms of the GRIDCO Officers' Promotion

Policy on notional basis with retrospective effect i.e. from the date

their counterparts and juniors, having qualification of Degree

Engineering possessed while in service, were considered and

promoted to the post of Assistant Engineer (Elect.).

16. It is further directed that the Opposite Party No.2 shall

extend the consequential benefits, like seniority and pay fixation

in favour of the Petitioners, including further promotion to higher

post (s), as per their seniority, in accordance with law. The entire

exercise shall be completed within three months from the date of

communication of this judgment.

17. Accordingly, the Writ Petitions are allowed and disposed of.

No order as to cost.

18. Urgent certified copy of this judgment be granted on

proper application as per rules.

Signature Not Verified                                                      (S.K. MISHRA)
Digitally Signed                                                                JUDGE
Signed by: PADMA CHARAN DASH     Orissa High Court, Cuttack
Designation: Secretary In-Charge
Reason: Authentication           Dated 4th May, 2023/Padma
Location: ORISSA HIGH COURT
Date: 21-May-2023 19:07:34



                           W.P.(C) Nos.18711 of 2019