K. R. Mohapatra, J. - (1.) This intra Court appeal has been filed assailing the order dated 03.03.2014 passed by learned Single Judge in W.P.(C) No. 26817 of 2013.
(2.) Brief narration of facts for proper adjudication of the case are as follows: Respondent Nos.2 to 11 (petitioner in W.P.(C) No. 26817 of 2013) were unemployed Diploma Engineers (Civil). In order to give employment to un-employed Diploma Engineers in Odisha, the State Government in its erstwhile Political and Service Department vide its resolution dated 06.08.1979 and subsequently, G.A. Department, vide resolution dated 03.04.1991 took decision for giving employment to the unemployed Diploma holders in Civil, Mechanical and Electrical Engineering in different departments of the Government and Government Undertakings by empanelling their names. Vide resolution dated 02.02.2000, Engineer-in-Chief was appointed as Chairman of the Committee for empanelling the names of unemployed Diploma Engineers as well as for providing employment to Diploma holders in Civil, Mechanical and Electrical Engineering from the panel maintained by the said Committee. The resolution dated 03.04.1991 of the G.A. Department provides that all appointments in the Government Departments, Government Undertakings and other Government Institutions should be made from the panel of the candidates maintained by the said Committee. Accordingly, the appellants (opposite parties No.2 and 3 in the writ petition), namely, the Chairman-cum-Managing Director of Orissa Mining Corporation Limited (for short 'OMCL') and General Manager (P & A), OMCL, respectively, vide letter dated 12.08.2013 wrote to the Chairman of the Committee to sponsor names of the candidates to fill up 21 number of vacancies of Junior Engineer (Civil), 7 number of vacancies of Junior Engineer (Electrical) and 3 number of vacancies of Junior Engineer (Mechanical) for their appointment in OMCL as per the guidelines. Pursuant to the said letter, the Committee, vide its letter dated 19.10.2013 sponsored the names of 21 number of Diploma holders (Civil) including the names of respondents No.2 to 11. While the matter stood thus, the appellant No.1-Chairman-cum-Managing Director, OMCL intimated the Chairman of the Committee that the OMCL had decided to fill up such vacancies on regular basis (not on contract basis) through open competitive recruitment process. In reply, the Chairman of the Committee, vide its letter dated 16.12.2013, stated that although the Government has introduced Odisha Engineers' Service (Method of Recruitment and Conditions of Services) Rules, 2012 (for short, 'the Rules'), which came into force on 29.12.2012 to regulate the methods of direct recruitment, pursuant to which the posts of Diploma Engineers in the State should be filled up through selection to be conducted by Odisha Staff Selection Commission, but the Government in exercise of power conferred under Rule 19 of the Rules, relaxed the applicability of the provisions and took a conscious decision to postpone the enforcement of the said Rules to 1st April, 2014, vide Water Resources Department order No.26245 dated 05.10.2013. As such, recruitment from the panel of the Committee should continue up to 31.03.2014. It was further clarified in the said letter that after sponsoring names of 28 Diploma Engineers from the panel for appointment in OMCL, names of their junior had already been sponsored to other departments. Hence, there would be serious disruptions in appointment of Diploma Engineers from the panel in accordance with their seniority. As such, their names cannot be re-sponsored. Thus, the Chairman of the Committee had requested the authorities under OMCL to give employment to the sponsored candidates on regular basis as per their requisition, to avoid further complicacies. Although several correspondences were exchanged between the Chairman of the Committee and the authorities of OMCL, but ultimately the respondents No.2 to 11, whose names were sponsored, could not be given employment under the OMCL. Hence, they filed W.P.(C) No.26817 of 2013 before this Court.
(3.) The respondents No.2 to 11 in the writ petition, reiterating the aforesaid facts, contended that as per the requisition of the OMCL, their names were duly sponsored. After seeking requisition, OMCL cannot back out from its promises to give employment to the sponsored candidates taking a plea of enforcement of the Rules. Further, as per resolution of the Government, their names could not be responsored and in the meantime, their juniors have been given employment being sponsored by the Committee. Due to the arbitrary action of the OMCL authorities, they were seriously prejudiced and were rendered jobless. Hence, they prayed for setting aside the decision taken by OMCL to fill up the posts on regular basis through open competitive recruitment process.;