DEBABRATA MOHANTY Vs. RABINDRA KUMAR MISHRA AND OTHERS

JUDGEMENT

(1.) Both these writ petitions, having common issue regarding fixation of inter se seniority of In-Service Degree Holder Junior Engineers, promoted as Asst. Engineers on ad hoc basis, the Stipendiary Engineers regularized in terms of the Orissa Service of Engineers (Validation of Appointment) Act, 2002 and the promotees Asst. Engineers promoted in pursuance to Orissa Service of Engineer's Rules, 1941 (herein after referred to as the Rules, 1941).

(2.) Brief facts of the case, in narrow compass, is that the State of Odisha has formulated a statute known as "Odisha Service of Engineer's Rules, 1941 for filling up of the post of Asst. Engineers, on regular basis. The State Government had decided to appoint unemployed degree holders in various branches of engineering who had passed out from several engineering colleges since the year 1984 against the 741 posts to be designated as Junior Engineers / Stipendiary Engineers in the first phase on consolidated stipend of Rs.2000/- per month with the stipulation for their absorption as engineers on regular basis after 2 years, after assessing their performance, not in pursuance to the provisions of the Rules, 1941. The candidates who have been found to be eligible, appointed, appointment orders have been issued to the candidates, selected candidates had accepted the terms and conditions of the offer of appointment and given their joining in their respective places on respective posts. The state Government while doing so, did not proposed to reduce the 33% quote reserved for promotees, out of the remaining 67%, meant for direct recruitment, it proposed to carve out what was described as selection quota of 30% for absorption of Stipendiary Engineers to the extent of 25% of the vacancies and Degree Holder Junior Engineers against the remaining 5% vacancies. The balance of 37% of the vacancies was left to be filed up by direct recruitment from the open market. The candidates have been appointed after following the due procedures having got concurrence of the Odisha Public Service Commission.

(3.) The State of Orissa as well as the private opposite parties / petitioners, being aggrieved with the order passed by the Tribunal are before this court by way of these writ petitions challenging the order of the tribunal on the following grounds:-