Jayant Kumar Dey And Others v. State Of Orissa And Others Opp. Parties.

P.K Misra, J.:— The petitioners have filed this writ application for quashing the advertisement issued under Annexure-1 and for a writ of mandamus directing the opposite parties to absorb the petitioners in the existing vacancies against the posts of Assistant Engineers.

2. Opposite party No. 2 is the Orissa Power Generation Corporation (hereinafter referred to as the “Corporation”). The petitioners who are graduate enginneers were appointed as Stipendiary Engineers under the Energy Department and were placed under the Corporation in accordance with the policy decision of the Government of Orissa in Planning & Co-ordination Department as per Resolution dated 22-9-1990. They have been working as Stipendiary Engineers under opposite party No. 2 the Corporation, on consolidated stipend of Rs. 2,000/- per month. It is claimed by the petitioners that in spite of the policy decision of the Government, which has been accepted by the Corporation, that the Stipendiary Engineers should be appointed on regular basis against 25 per cent of the vacancies, advertisement has been issued in November, 1995 as per Annexure-1, for filling up posts. In the said advertisement, it has been indicated that 25 per cent of the posts under each category shall be reserved for Stipendiary Engineers of Energy Department who have secured at least 65 per cent of marks in the Final Engineering Degree Examination. It is claimed that in view of such arbitrary fixation of qualifying marks, the petitioners who are already continuing as Stipendiary Engineers shall be deprived of their prospect of being absorbed. It is further claimed that the petitioners who were asked to indicate their option to be absorbed in the Corporation have already given their option to be so absorbed and faced an interview for the purpose of being permanently absorbed. The result of the interview held on 16-10-1992 has been annexed as Annexure-8 to the Rejoinder. The petitioners pray that the advertisement under Annexure-1 should be quashed and further the petitioners should be appointed on regular basis. The State (opposite party No. 1) and the Corporation (opposite parties 2 and 3) have filed two separate counter affidavits taking almost similar stand. So far as the Corporation is concerned, it has been stated in the counter affidavit that posts indicated in the advertisement as per Annexure-1 do not relate to the posts for Stipendiary Engineers like the petitioners. In paragraph-3 of the counter, it has been indicated:—

“……The petitioners being Stipendiary Engineers form a separate category by themselves. Their cases will be considered when steps will be taken to fill up the 25 per cent of the vacancies reserved for the Stipendiary Engineers……”

3. The learned counsel appearing for the Corporation to a specific query had specifically stated that the Corporation was taking steps to fill up 75 per cent of the vacancies as pet the advertisement. Though these appears to be some confusion, inasmuch the advertisement itself indicated that 25 per cent of the posts under each category mentioned in the advertisement will be reserved for Stipendiary Engineers of Energy Department who have secured at least 65 per cent of marks in the final Engineering Degree Examination, on the basis of specific submission of the learned counsel for opposite party No. 2, an interim order was passed permitting opposite party No, 2 to proceed with the selection process.

4. Opposite party No. 1 as also opposite parties 2 and 3 have relied upon the letter dated 19th. November, 1992, annexed as Annexure-A to each of the counter affidavits. In the said letter issued by the Energy Department, it has baen indicated:—

“2……. As decided by the High Level Committee. 25% of vacancies should be ear-marked for Stipendiary Engineers working under the Govt, of Orissa, but they must satisfy minimum qualifying standards. If they do not, the vacancies may be fiiled up by other candidates. It will not be correct to compromise on quality……”

5. It is claimed that after issuance of such letter, the Corporation had also issued an advertisement under Annexure-6 wherein 25 per cent of the posts which had been earlier advertised under Annexure-5, were reserved for Stipendiary Engineers who have secured 65 per cent of marks in the final Engineering Degree Examination. It is further claimed toat pursuant to said advertisements, a few Stipendiary Engineers working in the Corporation as well as in other organisations had been absorbed on regular basis. It is, therefore, claimed that fixation of minimum qualifying marks at 65 per cent cannot be said to be arbitrary. The opposite parties have further claimed that the question of absorption of Stipendiary Engineers working in various organisations is under active consideration of the Government and, in fact, Resolution has been passed on 12-3-1996 fixing certain guidelines in the matter. The counsel appearing on behalf of the State submitted that the matter regarding regular absorption of Stipendiary Engineers in various Departments and Corporations is likely to be finalised by the State Government within a short period. The relevant portion of the said Resolution dated 12-3-1996 of the Government which has been annexed as Annexure-B to each of the counter affidavits of opposite patties 1 and 2, is as follows:—

“7. Stipendiary Engineers who are already working in different State Government Undertakings, Corporations, Semi-Government Organisations & Statutory Boards may also be appointed as Assistant Engineers or in equivalent posts carrying the same scale, subject to their suitability and satisfactory performance.”

6. Opposite parties 2 and 3 have also filed the subsequent resolution of the Board of Directors of the Corporation, which has been annexed as Annexure-C. Item No. 07 of the said Resolution is as follows:—

“The Board of Directors noted the resolution No. 7598 dt. 12-3-96 of Govt, of Orissa, Deptt. of Water Resources para-7 of which reads as follows:

‘Stipendiary Engineers who are already working in different State Government undertakings, corporations, semi-government organisations and statutory bodies may also be appointed as Asst. Engineers or in equivalent posts carrying the same scales, subject to their suitability and satisfactory performance.’

There are fifteen Stipendiary Engineers working in ITPS, Head Office and Mini Micro units. Accordingly the Bord of Directors decided to create fifteen posts of Asst. Engineers carrying the scale of pay Rs. 2000-3500/- for ad hoe appointment of the present Stipendiary Engineers for one year. Such appointments on ad hoc basis shall be made by a committee if they qualify on the basis of merit list and opt for OPGC service.”

7. It is unnecessary to consider the rival contention of the parties regarding the merit of the case in view of the order proposed to be made hereinafter.

8. Keeping in view the various resolutions, specially the resolution as per Annexure-B and the decision of the Corporation as per Annexure-C, we think it just and proper to dispose of the writ application on the following terms and conditions:—

(i) Opposite party No. 1 should take expeditious steps to implement the Resolution as per Annexure-B at an early date, preferably within a period of four months;

(ii) Pending finalisation of the matter, the petitioners who are admittedly working as Stipendiary Engineers under opposite party No. 2 may be appointed as Assistant Engineers in the scale of Rs. 2000-3500/- on ad hoc basis, as indicated in Annexure C.

9. The writ application is accordingly disposed of subject to the aforesaid terms and conditions.

10. Since we have not considered the merit of the case, it would be open to the petitioners to agitate their grievances, if any, in future if they are aggrieved by any action of the opposite parties regarding the question of their tegular absorption. We make no order as to costs.

D.M Patnaik, J.:— I agree.

11. Writ application disposed of.