The court ruled that the petitioner is entitled to financial benefits reflecting the completion of six years of contractual service upon regularization, while affirming that promotional benefits remain contingent on fulfilling eligibility criteria.

ORDER :

MURAHARI SRI RAMAN, J.

Industrial Infrastructure Development Corporation, Odisha and others (opposite parties in the writ petition) and Prasant Kumar Panigrahi (petitioner in the writ petition) have challenged the judgment dated 17^th December, 2024 passed in W.P.(C) No.21376 of 2022 in the instant Writ Appeals, being W.A. Nos.569 of 2025 and 643 of 2025 respectively.

As both the instant Writ Appeals arise out of the same judgment dated 17th December, 2024 passed in W.P.(C) No.21376 of 2022, they were taken up together for hearing and are disposed of by this common order.

THE FACTS IN W.A. NO.569 OF 2025:

2. Facts as detailed by Industrial Infrastructure Development Corporation, Odisha (for brevity “IDCO”) reveal that the respondent No.6 (Prasant Kumar Panigrahy, for convenience, hereinafter referred to as “PKP”) appointed in the year 2007 as Junior Engineer (Civil) on contractual basis, claimed for regularization by way of a writ petition, registered as W.P.(C) No.934 of 2016, which was disposed of by an order dated 16^th September, 2019 with a direction to consider the case of PKP for regularization in service and extension of consequential benefits. The service of PKP along with other similarly situated employees was absorbed in regular establishment against Junior Engineer (Civil) post with effect from 13^th March, 2020 by office order dated 26th June, 2020.

2.1. For antedating the date of absorption in service upon completion of six years of contractual service from the date of initial appointment, a writ petition, W.P.(C) No.9701 of 2022, being filed, was disposed of vide order dated 29.04.2022 with a direction to consider the representation by affording an opportunity of hearing to PKP. Having afforded opportunity of hearing while rejecting the claim for antedating the date of regularization for the reason that his claim for promotion would be governed by the Odisha Industrial Infrastructure Development Corporation (Method of Recruitment & Conditions of Service) Regulation, 2019 (for short “IDCO Service Regulations, 2019”), whereunder minimum five years of service in Junior Engineer (Civil) is specified as the eligibility criteria for promotion to the post of Assistant Manager (Civil).

2.2. As PKP is regularized in service on 13th March, 2020, he having not fulfilled the eligibility criteria for promotion in the rank of Assistant Manager (Civil), the Authority has taken a decision not to act according to Rule 9 of the Odisha Diploma Engineers Service (Method of Recruitment & Conditions of Service) Rules, 2012 (for short “Rules, 2012”) as notified by the Government of Odisha in the Water Resources Department read with amendment thereto vide Notification dated 29^th August, 2015.

2.3. Challenging such refusal, PKP and others approached this Court by way of filing W.P.(C) No.934 of 2016, wherein prayer was made to quash the orders dated 21st November, 2015 and 16^th December, 2015 with a direction to the concerned Authorities to regularize their services in terms of Rule 10 of the Odisha Group-C and Group-D Posts (Contractual Appointment) Rules, 2013 (for short “Rules, 2013”) in view of the decision taken in 101^st and 79^th Board meetings held on 19^th May, 2015 and 29^th March, 2010 respectively. Having recorded the submission that the petitioners therein had already rendered more than ten years of service, this Court in said W.P.(C) No.934 of 2016 passed the following order:

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Since the petitioners are continuing as contractual Junior Engineers for more than 13 years, their cases have to be considered for regularizatio