Orissa High Court
Hare Krushna Singh vs State Of Orissa on 7 April, 2025
ORISSA HIGH COURT : CUTTACK
W.P.(C) No.10081 of 2012
In the matter of an Application under
Articles 226 & 227 of the Constitution of India, 1950
***
Hare Krushna Singh
Aged about 43 years
Son of late Maheswar Singh
At: Bhangachatu,
P.S.: Khunta,
District: Maurbhanj
At present working as Junior Engineer
(Civil) L.I Section, Betanati, Under the L.I.
Division Baripada,
Orissa Lift Irrigation Corporation Ltd.,
District: Mayurbhanj. ... Petitioner;
-VERSUS-
1. State of Orissa
Represented through
The Principal Secretary to Government,
Water Resources Department
Government of Odisha
Rajeev Bhawan, Unit-5, Bhubaneswar
District: Khordha.
2. Orissa Lift Irrigation Corporation Ltd.,
A Government of Orissa Undertaking
Plot No.: N-17/2, Nayapalli, P.B.No.155
Bhubaneswar -12, District: Khordha
Represented through its
Managing Director
3. The Chairman
Orissa Lift Irrigation Corporation Ltd.
A Government of Orissa Undertaking
Plot No.: N-17/2, P.B. No.155,
Bhubaneswar-12, District: Khordha
4. The Managing Director
Orissa Lift Irrigation Corporation Ltd.
Plot No.: 17/2, Nayapalli,
Bhubaneswar-12, District: Khordha
5. The Executive Engineer
Lift Irrigation Division, Baripada, (OLIC)
District: Mayurbhanj ... Opposite parties.
Counsel appeared for the parties:
For the Petitioner : Mr. Umesh Chandra Mohanty
For the Opposite party : Mr. Santosh Kumar Brahma,
No.1 Additional Standing Counsel
For the Opposite party : Mr. Satyabrata Mohanty
P R E S E N T:
HONOURABLE
MR. JUSTICE MURAHARI SRI RAMAN
Date of Hearing : 07.04.2025 :: Date of Order : 07.04.2025
O RDER
Challenging the Office Order No.IEA Admn- 28/11
No.4721/OLIC, dated 23.04.2012 under Annexure-1,
wherein the case of the petitioner, joined in the base
level post of Diploma Engineer of Odisha Lift Irrigation
Corporation, was not considered for promotion to the
post of "Assistant Engineer", this writ petition has been
filed beseeching to invoke extraordinary jurisdiction
under Articles 226 and 227 of the Constitution of India,
with the following prayer(s):
"In the aforesaid circumstances, it is humbly prayed that
this Hon'ble Court may graciously be pleased to admit
this writ application and issue Rule Nisi calling upon the
Opp. Parties to show cause as to why this Writ
application shall not be allowed and if the Opp. Parties
fail to show cause or show insufficient cause, the said
Rule may be made absolute and on hearing the parties
through their counsel and on calling for records, this
Hon'ble Court be further pleased to:
i. Issue appropriate writ/writs in declaring the order of
rejection vide No.IEA (Admn.) 28/11-- 4721/OLIC
Ltd., dated 23.04.2012 under Annexure-1 is illegal,
arbitrary and discriminatory as such quash the
same.
ii. This Hon'ble Court be further pleased to issue a writ
of mandamus directing the opposite parties to
appoint the petitioner against the post of Assistant
Engineer (Civil) out of the available vacancies meant
for the Direct Recruitment quota of 67% along with
all consequential service benefits at par with the
other similarly placed persons.
iii. This Hon'ble Court be further pleased to pass such
other appropriate writ/writs, direction/directions,
order/orders as would be deem fit and proper in
favour of the petitioner.
And for this act of kindness, the petitioner as in duty
bound, shall ever pray.
2. Facts, as adumbrated by the writ petitioner, reveal that
the petitioner, qualified Diploma holder in Civil
Engineering under the State Council of Technical
Education and Training, Odisha in the year 1988 and
joined as a Junior Engineer (Civil) on 18.04.1991 in
regular establishment by Order of the Chairman-cum-
Managing Director of the Odisha Lift Irrigation
Corporation Ltd. (for brevity, "OLIC"). Being permitted by
competent authority to pursue higher studies, the
petitioner successfully acquired B. Tech. (Civil) in the
year 2009.
2.1. The petitioner requested the authority concerned for
induction of Degree in Engineering in his Service Book
and grant necessary incremental benefits as are
extended to the similarly situated persons.
2.2. Pursuant to direction of this Court in OJC No.2920 of
1990 vide Judgment dated 14.01.1994, the Rural
Development Department took a decision that "the 22
Graduate Engineers who are continuing as Junior
Engineer in OLIC Ltd., may be accommodated against
the vacant post of Assistant Engineers (Civil)" which was
communicated by Letter No. OLIC (OJC) 24/94-
21777/RD, dated 30.09.1994 and their seniority with
their counterpart has been solved automatically.
2.3. Some Agricultural Engineers (Degree holders) who
entered in the OLIC as Junior Engineer (Civil) have been
appointed on regular basis and they were allowed to
function as Assistant Engineers (Civil) subsequently. In
O.J.C. No.6937 of 1994, challenge was laid as regards
conditions of service and promotional avenue of Diploma
Holders in Civil Engineering vis-à-vis Agricultural
Engineering Graduates with a prayer to quash said
decision of the Government in Letter dated 30.09.1994.
The Agricultural Engineers who were continuing as
Junior Engineers (Civil) had approached this Court in
OJC No.13251 of 2001 praying for implementation of the
decision in Letter dated 30.09.1994. OJC No.13251 of
2001 came to be disposed of by Order dated 14.12.2009
with a direction that the OLIC shall de novo reconsider
the cases of the petitioners who were Graduate
Engineers and intervenors who were Diploma Holder
(Junior Engineers) in the light of the decision in Letter
dated 30.09.1994. On 29.03.2010 in the proceeding of
157th Board Meeting of OLIC the Order dated 14.12.2009
was implemented.
2.4. On 10.08.2011 the Managing Director, OLIC issued
order allowing AMIE Degree Engineers working as ad hoc
or in-Charge Assistant Engineers (Civil) as regular
Assistant Engineers (Civil) and AMIE Degree Engineers
(Electrical) working as Junior Engineer (Electrical) to
work as Assistant Engineers (Electrical) as per decision
of the Board of Directors in 162nd Meeting. However,
Chairman, OLIC by Order dated 19.08.2011 directed for
keeping said Order dated 10.08.2011 in abeyance for the
cases of all the writ petitions were not considered.
Nonetheless, by that time the Order dated 10.08.2011
had already been implemented and all the persons
joined in their respective places of posting being relieved
and handing over of charges in the previous post. Thus,
Order dated 10.08.2011 had attained finality.
2.5. Six Graduate Engineers, appointed as regular Assistant
Engineers (Civil) & (Electrical), being aggrieved by Order
dated 19.08.2011 of the Managing Director, OLIC
challenged it before this Court in W.P.(C) Nos.24439 of
2011, 24440 of 2011, 22813 of 2011, 23360 of 2011,
22887 of 2011 & 22888 of 2011. The operation of said
order dated 19.08.2011 was stayed vide Order dated
12.09.2011, thereby the orders issued by the Managing
Director, OLIC, dated 10.08.2011 and dated 12.08.2011
attained its finality and the said writ petitions were
pending before this Court.
2.6. On 15.03.2012 the OLIC Ltd., even though implemented
the order dated 14.12.2009 in OJC No.13251 of 2001
and orders passed on 07.01.2010 in cases of six writ
petitioners but did not implement the other Graduate
Engineers who were functioning as Junior Engineers
and filed different Review Petitions vide RVWPET
Nos.102, 103, 104,105, 107, 111, 112, 113, 114, 115,
117, 118,119 and 120 of 2010 and RVWPET No.58 of
2012 which were disposed of by this Hon'ble Court vide
Order dated 15.03.2012 holding that B. Tech. obtained
by Open Distance Learning ("ODL") mode of the Junior
Engineers during their in-service is a valid degree in the
eye of law and as per O.S.E. Rules,1941, thereby the
claim of the Corporation has been dismissed.
2.7. On 04.05.2012 the OLIC filed different SLP (Civil)
Nos.19807-08 of 2012, 19828-29 of 2012, 19830-31 of
2012, 19814-15 of 2012 (Satyanarayana Rana) and
other similar SLP (Civil) before the Hon'ble Supreme
Court of India and only confined their issue regarding
validity of Degree obtained on ODL mode from Deemed
Universities on the plea that the said Degrees are not
valid without approval of the AICTE. On 15.05.2012 the
Government of Odisha in Department of Water
Resources with approval of the Law Department directed
the MD, OLIC Ltd., for compliance of the different orders
passed by this Court at the instance of in-service Junior
Engineers with Graduate Qualifications subject to
challenge and final outcome of SLP (Civil) to be filed
before the Hon'ble Supreme Court.
2.8. On 16.05.2012, the Managing Director, OLIC, issued
Officer Order No.5981, dated 16.05.2012 in appointing
the in-service Degree Holder Junior Engineers as
Assistant Engineers on ad hoc basis including those six
persons who were earlier appointed on regular basis and
obtained stay orders from this Court against their
regularization which was kept in abeyance, but all had
joined in the respective place of posting and were
continuing as ad hoc Assistant Engineers (Civil),
(Electrical) & (Mechanical).
2.9. On 23.04.2012 the Petitioner's case has been rejected by
the Managing Director, OLIC vide Letter No.4721 dated
23.04.2012 (Annexure-1).
2.10. On 06.07.2012, the petitioner filed the present writ
petition challenging the decision of the Managing
Director, OLIC, dated 23.04.2012 under Annexure-1.
3. It is submitted at the Bar that the case of the petitioner
is squarely covered by the order dated 24.03.2025
passed by this Court in W.P.(C) No.10079 of 2012 (Sri
Dushasan Jena Vrs. State of Orissa and others) to which
learned Additional Standing Counsel conceded.
4. In view of such conceded position, this writ petition
stands disposed of in terms of the order passed by this
Signature Not Court in Sri Dushasan Jena (supra).
Verified
Digitally Signed
Signed by: ASWINI KUMAR
SETHY
Designation: Personal
Assistant (Secretary-in-
Charge)
Reason: Authentication (MURAHARI SRI RAMAN)
Location: ORISSA HIGH
COURT, CUTTACK
Date: 07-Apr-2025 18:47:38 JUDGE
High Court of Orissa, Cuttack
The 7th April, 2025/Aswini
