The Court emphasized equal treatment and non-discrimination in employment, mandating re-engagement based on seniority.

JUDGMENT :

BIRAJA PRASANNA SATAPATHY, J.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed inter alia challenging order dated 24.11.2022, so passed by Opp. Party No.2 under Annexure-14. Vide the said order, claim of the petitioner for his re-engagement in terms of the order passed by this Court in W.P.C(OAC) No.967 of 2017 was rejected.

4. It is the case of the petitioner that petitioner was engaged as a DLR in WRCP Division, Kendrapara on 01.03.1998. However, while so continuing, petitioner was retrenched w.e.f. 03.03.2003 vide notice issued under Annexure-1. It is contended that one Pankaj Kumar Parida was also continuing in the self-same division, having been engaged as a DLR on 01.11.1999, and retrenched along with the petitioner on 03.03.2003.

4.1. It is contended that petitioner on being so dis- engaged w.e.f. 03.03.2003, approached the Tribunal by filing O.A. No.2310(C) of 2006. The said Original Application was disposed of vide order under Annexure-4 on 27.01.2014 inter alia with the following direction:-

“Considering the submissions made by the learned counsel for both the parties and keeping in view the fact that due to closure of WRCP scheme, there was shortage of funds for staff payment of which, Finance department was suggested to redeploy them to some other projects where funds are available and accordingly the Finance Deptt. approved such proposal with the stipulation that such re-deployment staff be retrenched, after re-deployment, as has been mentioned in the impugned order (Annexure-6), I am of the considered view, the applicant, who has been retrenched on such closure of WRCP Division, Kendrapada shall have to be brought to new projects taking into account is seniority in NMR establishment in his project. So also while continuing as such in NMR establishment as and when there shall be any vacancy available in the work charged establishment, he will be brought over to work charged establishment and thereafter to regular/wages establishment on the basis of his seniority taking into account his initial date of joining.”

4.2. It is contended that on the face of the order passed which was confirmed by this Court vide order dated 31.03.2016 in W.P.(C) No.25871 of 2014, claim of the petitioner when was rejected vide order dated 01.12.2014, the same was again assailed by filing O.A. No.967(C) of 2017. The said Original Application was transferred to this Court and was disposed of on 11.07.2022 with the following direction:-

“1. This matter is taken up through Hybrid Mode.

2. Heard Mr. P.C. Das, learned counsel for the Petitioner and Mr. Tripathy, leaned AG.A.

3. Pursuant to the last order passed by this Court on 30.6.2022 Shri Prabodha Kumar Rout, Superintending Engineer Kendrapara irrigation Division, Kendrapara has appeared in person in Court today.

4. Shri Rout files an affidavit in obedience to the said order by enclosing various documents. The same be kept on record.

5. It is submitted by the learned counsel for the petitioner that the petitioner was engaged in WRCP Division, Kendrapara on 1.3.1998 and while continuing as such, he was disengaged from his service on 3.3.2003. It is further submitted that similarly situated person namely Shri Pankaj Kumar Parida who was also engaged on 1.11.1999 and was disengaged along with the petitioner on 3.3.2003, was subsequently re-engaged as Computer Operator vide order dated 4.5.2007 of the Superintending Engineer, Eastern Circle, Cuttack. It is submitted that Sri Parida since was engaged subsequent to the petitioner and he was disengaged along with him, re-engagement of the said P