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2015 Supreme(Ori) 50

HIGH COURT OF ORISSA, CUTTACK
B.R. SARANGI, J.

Pravat Kishore Mohanty - Petitioner
Versus
Chairman-cum-Managing Director, Orissa State Police Housing and Welfare Corporation Ltd. and others - Opp. Parties
WRIT PETITION (CIVIL) No.12711 OF 2010
Decided On : 19.02.2015

Advocates:
Advocate Appeared:
For Petitioner: M/s. Laxmikanta Mohanty & S. Pattnaik
For Opp. Parties: M/s. N.K. Mishra, D.K. Pahi, A.K. Roy, & A. Mishra (for Opp. Party Nos. 1 & 2)

Headnote:SERVICE - Promotion - No promotional avenues have been created for the petitioner, who is holding the post of Building Supervisor for last 28 years having requisite qualification of Diploma in Civil Engineering and otherwise also he is entitled for promotion to the next higher grade with higher scale of pay - Merely granting time bound advancement scale of pay will not suffice the claim of the petitioner in view of the fact that he is deprived of getting his promotional avenues, which every employee has a desire to get and it forms part of the fundamental rights as enshrined under Art. 16 of the Constitution, which emanates from Art. 14 the right to equality under the Constitution - Merely taking a plea that the Corporation is under re-structuring process, that itself cannot deprive the petitioner to get promotion, which he is entitled to get - Direction to consider the case of the petitioner for promotion.

JUDGMENT :

B.R. Sarangi, J.

The petitioner, who is continuing as a Building Supervisor under the Orissa State Police Housing and Welfare Corporation Ltd., Bhubaneswar, in short, “the Corporation”, has filed this petition seeking for a direction to treat him as a regular employee w.e.f. 5.11.1982 and to allow him Time Bound Advancement scale of pay w.e.f. 5.11.1997 and promotion to the post of Assistant Project Manager.

2. The short fact of the case, in hand, is that pursuant to the advertisement issued by the Corporation in daily news paper “The Prajatantra” on 3.5.1982 inviting applications for appointment as Building Supervisor in the scale of pay of Rs.320-750/-, the petitioner applied for the same and following a due procedure of selection, he was appointed as Training Supervisor from 5.11.1982. On completion of his training vide office order dated 23.6.1986, the petitioner was allowed to draw the scale of pay of Rs.320-750/- w.e.f. 15.6.1986, but the said scale of pay was reduced to Rs.320-550/- vide office order dated 23.7.1987 on the ground that Building Supervisor is equivalent to Building A.S.I. and was allowed the scale of pay admissible to the Building A.S.I. Against the said reduction of scale of pay, the petitioner made a representation on 31.8.1988 before the authority. Instead of considering the same, the petitioner was retrenched from service vide letter dated 3.2.1988. On the very same day, the petitioner was given ad hoc appointment for a period of 89 days in the scale of pay of Rs.840-1345/- and again he was retrenched from service vide order dated 17.7.1990. Challenging the said order of retrenchment, the petitioner approached this Court by filing O.J.C. No. 601 of 1991, which was disposed of vide order dated 2.12.1991 directing the authorities to absorb him in the scale of pay Rs.840-1345/- without back wages. This Court further directed that the said period would be computed for calculation of other service benefits admissible to the petitioner. In compliance to the said order, the petitioner was initially appointed for a period of six months, which was extended from time to time. Challenging the said ad hoc appointment, again the petitioner approached this Court in O.J.C. No. 8229 of 1992 seeking for regularization of services and to treat him as permanent employee under the opposite party no.1-Corporation. This Court by order dated 7.2.1996 directed for regular absorption of the petitioner instead of periodic appointment given to him. In compliance to the said order, the petitioner is continuing in the said post of Building Supervisor. Even though he has completed 15 years of service, he has not been extended with Time Bound Advancement scale of pay admissible to the post as per the O.R.S.P. Rules, 1998 giving effect from 1.1.1996. The petitioner filed a representation before opposite party no.1 on 29.9.2002 to consider his case for grant of Time Bound Advancement scale of pay. Despite such representation, the petitioner’s case has not been considered as a regular employee with effect from his initial date of joining, i.e. 5.11.1982 and in the meantime, he has completed three years Correspondence Diploma (Civil) under JRN, Rajasthan Vidyapitha University, Udaypur in the year 2007, which has been reflected in the service book of the petitioner. Even though he has passed the Diploma in Engineering (Civil), his case has not been considered for promotion to the post of Assistant Project Manager. That apart, he has not been allowed to work independently and instead he has been directed to work under an ad hoc employee. Hence, this writ petition.

3. Mr. L.K. Mohanty, learned counsel for the petitioner strenuously urged that though the petitioner has completed 28 years of service, he has not been given any promotion. The scale of pay, which was initially granted to him at the rate of Rs.320-750/- was reduced to Rs.320-550/- on the plea that Building Supervisor is equivalent to Building A.S.I. While reducing th










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