Sushil Kumar Barik v. Orissa Power Generation Corporation Limited
2013-10-09
A.K.RATH, M.M.DAS
body2013
DigiLaw.ai
JUDGMENT Dr. A.K. RATH, J.––The petitioner in the aforesaid writ application has prayed, inter alia, to quash the office order dated 29.10.1994 vide Annexure-4 issued by opposite party No. 1 promoting opposite party Nos. 3 to 10 to the post of Senior Assistants and the promote him to the post of Senior Assistant from the date when opposite party Nos. 3 to 10 were promoted. 2. The case of the petitioner is that, pursuant to the interview he was appointed as a temporary Clerk in the Orissa Power Generation Corporation Limited, Opposite party No.1 on daily age basis. On 1.3.1990 his services were regularized. The further case of the petitioner is that opposite party Nos. 3 to 9 were initially appointed as NMR workers without following the due process of selection, but then their services as Junior Assistants were regularized with effect from 12.07.1990, 12.12.1990, 28.09.1991, 28.09.1991, 28.09.1991, 30.09.1991, 1.10.1991 and 1.10.1991 respectively. They are juniors to him. However, by office order dated 29.01.1994 they were promoted to the post of Senior Assistants ignoring his seniority. 3. Pursuant to issuance of notice, opposite party Nos. 1 and 2 have entered appearance and filed a comprehensive counter affidavit. The case of the opposite party Nos. 1 and 2 is that the father of the petitioner was a land-oustee. Pursuant to the recommendation made by the Tahasildar, Lakhanpur, the petitioner was initially appointed as temporary clerk during construction stage of the IB Thermal Power Station (in short 'ITPS') under the rehabilitation scheme and subsequently his services were regularized as Clerk-cum-Typist. He was junior to opposite party Nos. 3 to 9 as he joined in the organization as NMR subsequent to opposite party Nos. 3 to 9. 4. In spite of valid service of notice, none appeared for opposite parties 3 to 10. We have heard Mr. S. Ray, learned counsel for the petitioner and Mr. S.P. Mohanty, learned counsel for opposite party Nos. 1 and 2. 5. In an identical matter being OJC No. 15035 of 1998, we have delivered judgment today (9.10.2013) holding, inter alia, that it is only from the date on which the services of NMR employees are regularized, their seniority in the cadre is to be counted. Be it noted, that promotion to the post of Senior Assistants of opposite party Nos. 3 to 10, were also subject matter of challenge in OJC No. 15035 of 1998.
Be it noted, that promotion to the post of Senior Assistants of opposite party Nos. 3 to 10, were also subject matter of challenge in OJC No. 15035 of 1998. We have examined the present case in terms of the judgment delivered on 9.10.2013 in OJC No. 15035 of 1998 and found though the petitioner was initially engaged as temporary clerk, but his services were regularized with effect from 1.03.1990. Though opposite parties 4 to 9 were appointed on NMR basis prior to that of the petitioner, but their services were regularized with effect from 12.12.1990, 28.09.1991, 28.09.1991, 30.09.1991, 1.10.1991 and 1.10.1991 respectively, i.e. much later than that of the petitioner. In view of the fact that the services of the petitioner have been regularized with effect from 1.03.1990, he is senior to opposite party Nos. 4 to 9. In view of the same, we direct the opposite party Nos. 1 and 2 to promote the petitioner to the post of Senior Assistant with effect from 29.01.1994. We make it clear that petitioner will not be entitled to get any arrear salary. The said period shall be counted towards his seniority and other retiral benefits. 6. The writ petition is accordingly allowed. There shall be no order as to costs. M. M. DAS, J. I agree. Petition allowed.