JUDGMENT :

Biraja Prasanna Satapathy, J.

1. This matter is taken up by video conferencing mode.

2. Since the issue involved in all the aforesaid Writ Petitions are identical, all the matters were heard analogously and disposed of by this common order.

3. WPC(OAC) No.2645 of 2014 and batch of Writ Petitions were filed challenging the advertisement issued by the Orissa Staff Selection Commission on 4.8.2014 vide Annexure-6 inviting applications to fill up the post of Junior Engineer (Civil), under the Government of Odisha, Works Department & H & UD(PH) Department by way of direct recruitment. Similarly W.P.(C) No.16840 of 2019 has been filed challenging the advertisement issued by the self-same Orissa Staff Selection Commission on 29.8.2019 inviting applications to fill up 257 posts of Jr. Engineer (Civil) under the aegis of Engineer in chief (Water Resources),Govt. of Odisha.

4. Heard Mr. Buddhadev Routray and Mr. Jayanta Kumar Rath, learned Senor Counsels appearing on behalf of the petitioners in W.P.C (OAC) No.2645 of 2014 and W.P.(C) No.16840 of 2019 and other counsel appearing for the Petitioners in all the aforesaid Writ Petitions and Mr. Ashok Kumar Parija, learned Advocate General along with Mr. R.N. Mishra, learned Addl. Government and Mr. M.K. Balabantaray, learned Standing Counsel on behalf of the Opp. Parties and Mr. S.N. Pattnaik, learned counsel appearing for the Orissa Staff Selection Commission and learned counsels appearing for the intervenor-petitioners.

5. All the aforesaid Writ Potions were filed by the petitioners, who are admittedly Diploma Holders in Engineering in different disciplines. It is submitted that pursuant to the decision taken by the Government in the then Department of Planning and Coordination, Government of Odisha on 18.1.1972 it was decided to continue with the appointment/engagement of unemployed Engineering Personnel(Civil) both Graduates and Diploma Holders from the panel to be maintained by the said Department of Planning and Coordination. In the said communication dated 18.1.1972 under Annexure-2, Government decided to follow the procedure for absorbing engineering personnel in various posts in different Departments. The said procedure is enumerated below:

1. Employment of engineering personnel i.e. Graduate Engineer and Diploma Holders should be made year wise in order merit. All candidates of particular year have to be observed first before candidates of the following years are considered.

2. The Planning and Coordination Department will continue to maintain a register of these candidates.

3. On receipt of requisitions for filling of posts under various Department, the Planning and Coordination Department should recommended candidates as many as four times the under of vacancies.

4. Recruitment to all post i.e. J.E, S.A.E, Surveyor, Tracer, Drafts man embankment inspector, and works sarkar is to be made though his department as being done now.

6. It is submitted that subsequently the appointment of Diploma Engineers continued and sponsoring of candidates from the panel was vested with the Committee of Chief Engineers and Engineer in Chief(Civil) was declared as the sponsoring authority. It is submitted that the Diploma Engineers in different disciplines were being provided with appointment after due sponsoring of their names by the Committee of Chief Engineers and Engineer-in-Chief(Civil) Odisha in different Departments coming under the State Government as well as public sector undertakings. It is submitted that while the appointment of Diploma Holders was so continuing, Government in the Department of Water Resources for the first time came up with a notification on 29.12.2012 by framing the Rules namely The Odisha Diploma Engineers Services (Method of Recruitment and Conditions of Service) Rules, 2012 under Annexure-3. It is submitted that the said Rules were framed in order to provide appointment in the grade of Junior Engineer and Asst. Engineer by way of direct recruitment to be conducted