Balaram Naik Vs State and Ors.

ORISSA HIGH COURT : CUTTACK

W.P.(C) No.10082 of 2012

In the matter of an Application under Articles 226 & 227 of the Constitution of India, 1950

Balaram Naik Aged about 42 years Son of Antara Naik At: Kalasuta,Via-Nimina, P.S.: Gangpur, District: Ganjam, At present working as Junior Engineer (Civil) L.I Section, Dambosora, Under the L.I. Division Gunupada, Orissa Lift Irrigation Corporation Ltd., District: Rayagada. … Petitioner;

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-VERSUS-

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1. State of Orissa Represented through The Commissioner-cum-Secretary, Government of Odisha Water Resources Department Rajeev Bhawan, Unit-5, Bhubaneswar District: Khordha.

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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

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Represented through its Managing Director

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3. The Chairman Orissa Lift Irrigation Corporation Ltd. Government of Orissa Undertaking Plot No.: N-17/2, P.B. No.155, Bhubaneswar-12, District: Khordha

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4. The Managing Director Orissa Lift Irrigation Corporation Ltd. Plot No.: 17/2, Nayapalli, Bhubaneswar-12, District: Khordha

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5. The Executive Engineer Lift Irrigation Division, Gunupur, (OLIC) District: Rayagada. … Opposite parties.

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Counsel appeared for the parties:

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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 Nos.2 to 5

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P R E S E N T:

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HONOURABLE

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MR. JUSTICE MURAHARI SRI RAMAN

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Date of Hearing : 07.04.2025 :: Date of Order : 07.04.2025

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ORDER

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Challenging the Office Order No.IEA Admn- 28/11 No.4725/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):

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“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:

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i. Issue appropriate writ/writs in declaring the order of rejection vide No.IEA (Admn.) 28/11— 4725/OLIC Ltd., dated 23.04.2012 under Annexure-1 is illegal, arbitrary and discriminatory as such quash the same.

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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.

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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.

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And for this act of kindness, the petitioner as in duty bound, shall ever pray.

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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 the 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.

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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.

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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

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the vacant post of Assistant Engineers (Civil)” which was communicated by Letter No. OLIC (OJC) 24/9421777/RD, dated 30.09.1994 and their seniority with their counterpart has been solved automatically.

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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 157^th Board Meeting of OLIC the Order dated 14.12.2009 was implemented.

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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 162^nd 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.

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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.

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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.

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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

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Engineers with Graduate Qualifications subject to challenge and final outcome of SLP (Civil) to be filed before the Hon’ble Supreme Court.

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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).

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2.9. On 23.04.2012 the Petitioner’s case has been rejected by the Managing Director, OLIC vide Letter No.4725 dated 23.04.2012 (Annexure-1).

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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.

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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.

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4. In view of such conceded position, this writ petition stands disposed of in terms of the order passed by this Court in Sri Dushasan Jena (supra) .

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Signature Not Verified

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Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-inCharge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Apr-2025 18:46:04

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(MURAHARI SRI RAMAN) JUDGE

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High Court of Orissa, Cuttack The 7^th April, 2025/Aswini

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Balaram Naik v. State and Ors.

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Balaram Naik v. State and Ors.

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