Bijaya Kumar Bhoi v. State of Odisha

Orissa HC7 Apr 2025WP(C)/9259/2025

Case brief

AI extract

What is this about?

Orissa High Court writ petition (W.P.(C) No. 9259 of 2025, decided 07.04.2025) by a Junior Engineer (Civil) of OSEPA challenging the effective date of his regularization (20.02.2023 by Office Order No. 1956 instead of completion of six years' service under Government Resolution dated 22.09.2008) and seeking consequential benefits including NPS and promotion. Petition disposed of with a direction to OSEPA to decide his pending representation dated 28.01.2025 within three months; merits expressly not examined. No statutes or case precedents cited.

What did the court decide?

Direction to Opposite Party No. 2 (OSEPA, Bhubaneswar) to dispose of the petitioner's representation dated 28.01.2025 within three months from the date of production of the certified copy of the order, in accordance with law; the Court did not examine the merits.

Bijaya Kumar Bhoi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, regularized by OSEPA with effect from 20.02.2023 instead of upon completion of six years of uninterrupted service (stated as 01.09.2011 in the order-challenged narrative and as 05.09.2011, the alleged initial date of joining, in the prayer/submissions), is entitled to ante-dating of regularization with consequential service and financial benefits, including NPS and promotion, as extended to similarly situated persons.

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Ratio / Principle

The writ petition is disposed of by directing Opposite Party No. 2, Odisha School Education Programme Authority (OSEPA), Bhubaneswar, to dispose of the petitioner's representation dated 28.01.2025.

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Key takeaways

The representation dated 28.01.2025, forwarded by the D.E.O.-cum-D.P.C., S.S., Sundargarh, is to be disposed of within a period of three months from the date of production of the certified copy of the order, in accordance with law.ratio¶¶20
The Court expressly clarified that it has not gone into the merits of the petitioner's case.ratio¶¶21

Detailed headnote1 paragraphs

W.P.(C) No. 9259 of 2025 (High Court of Orissa at Cuttack, Savitri Ratho, J., order dated 07.04.2025): Bijaya Kumar Bhoi, a Diploma Civil Engineer appointed as Junior Engineer (Civil) in OSEPA (appointed 25.08.2005, joined 05.09.2005), sought modification of the regularization order dated 20.02.2023 (Office Order No. 1956, Annexure-6) so as to regularize him from completion of six years of uninterrupted service (stated as 01.09.2011 in the narration and as 05.09.2011, the alleged initial joining date, in the prayer) with consequential service and financial benefits including NPS and promotion, relying on Government Resolution dated 22.09.2008, Tribunal directions in O.A. Nos. 1877 (C) of 2012 and 1308 (C) of 2016, and the State Government/High-Level Committee decision dated 02.07.2021. His representation dated 28.01.2025 to the D.E.O.-cum-D.P.C., S.S., Sundargarh (forwarded to the State Project Director) remained undecided. Disposing of the writ petition, the Court directed OSEPA (Opposite Party No. 2) to dispose of the representation within three months of production of the certified copy of the order, in accordance with law, and expressly clarified that it had not gone into the merits. No statute or precedent was cited or considered.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 9259 of 2025

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Bijaya Kumar Bhoi ….. Petitioner Mr. Sameer Kumar Das, Advocate -versus-

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1. State of Odisha 2. Odisha School Education Programme Authority (OSEPA), BBSR 3. Collector-cum-Chairman, ….. Opposite Parties Sundargarh

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Mr. Jateswar Nayak, AGA

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

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07.04.2025

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Order No. (Through hybrid Mode) 01. 1. The writ application has been filed with the following prayer: “Under the above circumstances, it is therefore humbly prayed that this Hon'ble Court be graciously be pleased to direct the Opp. Party No.2 to modify the order of regularisation of the petitioner dtd: 20.02.2023 under Annexure-6 and to regularize the petitioner on completion of six years of service from his initial date of joining i.e. from 05.09.2011 and to grant him all consequential service and financial benefits including promotion to the next higher rank as that has been extended to other similarly situated persons appointed in other departments of the Government, within a stipulated period as deem fit and proper.”

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Page 1 of 4

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Mr. Sameer Kumar Das, learned counsel appearing for the petitioner submits that the petitioner is a Diploma Civil Engineer whose name was sponsored for appointment as Junior Engineer (Civil) in OSEPA vide order dated 23.07.2005 of the Engineer-inChief. The petitioner was appointed on 25.08.2005 and joined duty on 05.09.2005. The State Government vide Resolution dated 22.09.2008 had decided to enhance the remuneration of the Junior Engineers appointed from the panel of the Engineer-in-Chief and to regularize them on completion of six years of uninterrupted service. This not having been done, the petitioner had filed O.A. No. 1877 (C) of 2012 which was disposed of on 08.02.2016 by the Tribunal. The Tribunal had directed to consider the case of the petitioner for regularization of service as Junior Engineer in terms of Government Resolution dated 22.09.2008. Subsequently in O.A. No. 1308 (C) of 2016 filed by similarly situated persons disposed of on 16.10.2017, the Tribunal had directed for regularization of their service. The opposite party no.2 (OSEPA) had filed review petition before the Tribunal which was dismissed vide order dated 09.12.2016. Thereafter on 02.07.2021, the State Government decided to regularize the service of the petitioner in terms of Government Resolution dated 22.09.2008 and order dated 02.07.2021 passed by

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Page 2 of 4

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the High-Level Committee meeting under the Chairmanship of Chief Secretary of Odisha. On 20.02.2023 vide office order no. 1956, the opposite party no.2 regularized the service of the petitioner and granted him the benefit of regular scale of pay as a regular employee from the said date, instead of his actual entitlement with effect from 01.09.2011 (on which date he completed six years of uninterrupted service) in terms of Government Resolution dated 22.09.2008 and the decision of the Tribunal in case of similarly situated persons.

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The learned counsel for the petitioner submits that as the services of the petitioner are regularized with effect from 20.02.2023 in place of 05.09.2011 (on completion of six years of uninterrupted service), he will not be given the benefit of NPS apart from being deprived of other financial benefits.

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It appears that for redressal of his grievance, the petitioner has submitted a representation on 28.01.2025 to the D.E.O.-cum-D.P.C., S.S., Sundargarh who has forwarded the same to the State Project Director (Annnexure-8). Learned counsel submits that no decision

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has been taken on the said representation till date. He further submits that the grievance of the petitioner will be redressed for the present, if a direction is issued for disposal of his representation.

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Considering the submission of the learned counsel for the

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Page 3 of 4

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petitioner, the writ petition is disposed of directing the opposite party no.2, Odisha School Education Programme Authority (OSEPA), Bhubaneswar to dispose of the representation of the petitioner dated 28.01.2025 which was forwarded to him by the D.E.O.-cum-D.P.C., S.S., Sundargarh within a period of three months from the date of production of the certified copy of this order, in accordance with law.

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It is made clear that this Court has not gone into the merits of the case of the petitioner.

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(Savitri Ratho) Judge

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puspa

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 09-Apr-2025 21:09:06

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Page 4 of 4

Procedural history

How this case reached the court

AI extract

Order under challenge
Office Order No. 1956 dated 20.02.2023 of Opposite Party No. 2 (OSEPA) regularizing the petitioner's service and granting regular scale of pay with effect from 20.02.2023, instead of from 01.09.2011 (date of completion of six years of uninterrupted service per Government Resolution dated 22.09.2008); referred to as Annexure-6 in the prayer.¶¶14
Odisha School Education Programme Authority (OSEPA) (Opposite Party No. 2) · 20.02.2023
Prior proceeding
Petitioner, a Diploma Civil Engineer, was sponsored for appointment as Junior Engineer (Civil) in OSEPA vide Engineer-in-Chief order dated 23.07.2005; appointed on 25.08.2005 and joined duty on 05.09.2005.¶¶12
Prior proceeding
State Government Resolution dated 22.09.2008 decided to enhance remuneration of Junior Engineers appointed from the panel of the Engineer-in-Chief.¶¶12
Prior proceeding
The same Resolution dated 22.09.2008 provided for regularization of such Junior Engineers on completion of six years of uninterrupted service.¶¶12
Prior proceeding
Petitioner filed O.A. No. 1877 (C) of 2012; disposed of by the Tribunal on 08.02.2016 with a direction to consider his case for regularization of service as Junior Engineer (per counsel's narration, in terms of Government Resolution dated 22.09.2008).¶¶12
Prior proceeding
O.A. No. 1308 (C) of 2016 filed by similarly situated persons was disposed of on 16.10.2017, with the Tribunal directing regularization of their service.¶¶12
Prior proceeding
Opposite Party No. 2 (OSEPA) filed a review petition before the Tribunal, which was dismissed vide order dated 09.12.2016.¶¶12
Prior proceeding
On 02.07.2021 the State Government decided to regularize the petitioner's service in terms of Government Resolution dated 22.09.2008 and order dated 02.07.2021 passed by the High-Level Committee.¶¶12
Prior proceeding
The order dated 02.07.2021 was passed by the High-Level Committee meeting under the Chairmanship of Chief Secretary of Odisha.¶¶14
Prior proceeding
For redressal of his grievance the petitioner submitted a representation dated 28.01.2025 to the D.E.O.-cum-D.P.C., S.S., Sundargarh, who forwarded it to the State Project Director (marked Annexure-8 in the writ petition).¶¶16
Prior proceeding
As submitted by learned counsel, no decision had been taken on the said representation till the date of hearing.¶¶17

Bijaya Kumar Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bijaya Kumar Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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