The obligation of the Corporation to restore the petitioner's position and grant all accrued benefits after the validation of his degree.

JUDGMENT

Biswanath Rath, J. - This writ petition involves a challenge to the order of reversion dated 22.3.2018 passed by the Managing Director, Odisha Lift Irrigation Corporation Ltd. (in short, 'the Corporation'), O.P.3, particularly involving the person placed at serial no.2 therein, vide Anexure-1 and further to declare the petitioner to be legally entitled to continue and function as an Assistant Engineer (Civil) and the petitioner should not be reverted to the cadre of Junior Engineer (Civil) besides granting all consequential service benefits attached to the post of Assistant Engineer (Civil) and also entitlement to benefits accrued in the meantime.

2. Factual narrations appearing from the pleadings of the parties are that the petitioner initially joined in the Corporation in the year 1990 as a Junior Engineer (Civil) on regular basis through regular process of selection. In course of his continuing as Junior Engineer (Civil), being a Diploma Holder the petitioner acquired Degree Qualification in Civil Engineering, B.Tech. (Civil) in the year 2009 through distance mode from the JRN Vidyapitha (Deemed University). While the matter stood thus, ten numbers of Graduate Engineers in Agriculture, who also joined initially as Junior Engineers (Civil), were subsequently appointed as Assistant Engineers-in-charge and Ad hoc Assistant Engineers filed O.J.C. No.13251/2001 claiming their regular appointment as Assistant Engineer (Civil). This writ application had a background involving earlier subject matter of dispute in O.J.C. No.2920/1990 in the matter of fixation of inter-se seniority as per the Orissa Junior Engineers Cadre (Recruitment and Conditions of Service) Rules, 1972 so also the Orissa Junior Engineers Conditions of Cadre Rules, 1982, disposed of by this Court on 14.1.1994 directing the Government of Orissa in the Rural Development Department to consider the grievance of Graduate Engineers and Diploma Engineers regarding fixation of their seniority in the cadre of Junior Engineers. It was observed therein that it was open to the parties to file their objection and the decision of the Government would also be subject to challenge by such parties in appropriate forum. It is pursuant to such direction, Government of Odisha in Rural Development Department by its communication dated 30.9.1994 directed that twenty-two numbers of Graduate Engineers would be adjusted against the vacant posts of Assistant Engineer or against future vacancies in such posts till these twenty-two numbers of Graduate Engineers are adjusted. It is involving this decision, there arose a number of writ petitions at the instance of the Diploma Engineers taking advantage of the liberty granted by this High Court in the above order. Consequently, these parties filed O.J.C. No.6937/1994. This matter was heard along with OJC No.13251/2001. These matters were disposed of on 14.12.2009 recording the submission of the learned counsel appearing for the Corporation that the Corporation has taken decision in the light of direction issued by the Government, vide letter dated 30.9.1994 to absorb the Graduate Junior Engineers in the posts of Assistant Engineer. The present petitioner was neither a petitioner in the said writ applications nor an opposite party in these writ applications. The order dated 14.12.2009 passed in the said writ application was also beyond the knowledge of the petitioner. It is at this stage, the petitioner preferred W.P.(C) No.563 of 2010 on 11.1.2010 making therein a prayer for consideration of his case for promotion/appointment as Assistant Engineer (Civil) being an inservice Graduate Engineer standing at par with the persons involving the cases indicated herein above. This writ petition was listed on 18.1.2010. In course of hearing, when the order dated 14.12.2009 passed in OJC No.13251/2001 was brought to the notice of this Court, learned counsel appearing for the Corporation did not raise any objection, this Court upon hearing both the