Appointments made under prior rules and continuous service warrant regularization despite new regulations, reaffirming principles of equity and fairness in public employment.

JUDGMENT :

Biraja Prasanna Satapathy, J.

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

2. Heard learned counsel appearing for the Parties.

3. Since the issue involved in all these cases is identical, all the matters were heard analogously and disposed of by the present common order.

4. It is the case of the Petitioners in the present batch of Writ Petitions that pursuant to the advertisement issued by the Director Municipal Administration and Ex-Officio Addl. Secretary to Housing & Urban Development, inviting applications to fill up 22 posts of Asst. Engineer (Civil) on contractual basis under BRGF Scheme on 14.07.2012, all the Petitioners with having the requisites qualification as prescribed, made their applications and participated in the selection process, which includes the written examination followed by viva-voce to be conducted by the Board constituted by the Department.

4.1. It is contended that on coming out successful in the selection process so initiated, Petitioners vide a common order issued on dtd. 11.01.2013, were engaged as Asst. Engineer (Civil) on contractual basis with consolidated remuneration of Rs.9,300/- per month under the BRGF Scheme. In terms of such order of appointment issued on 11.01.2013, all the Petitioners joined in their respective place of posting and were allowed to continue.

4.2. It is also contended that on being so appointed, Petitioners were transferred from one Urban Local Body to another, vide different orders issued by the Department at different point of time.

4.3. It is also further contended that by the time Petitioners were so appointed pursuant to the advertisement issued on 14.07.2012, selection was conducted in terms of the provisions contained under the Orissa Local Fund Service Rules, 1975 (in short 1975 Rules). Not only that in terms of the provisions contained under Rule-7 of the aforesaid 1975 Rules, selection and appointment was made by the Selection Board constituted by the Department. Rule-7 of the 1975 Rules reads as follows:-

“7. (1) Selection for appointment to the posts in the Service whether constituting of a Chairman and members as follows:

(a) The Director, Municipal Administration ...Chairman

(b) Deputy Secretary or Under Secretary to Government Housing and Urban Development in charge of Local Fund Service ... Member and Convenor of the Selection Board

(c) A Chairman of any Urban Local Body nominated by the Government ... Member

(d) Senior-most Executive Officer of the Urban Local Bodies (in the Odisha Administrative Service Class-1, Senior Branch) ... Member

Provided that in the case of selection of candidates to the cadres of Executive Engineers, "The Assistant Executive Engineers) and Assistant Engineers, the Chief Engineer, Public Health, Odisha and in the case of selection of candidates to the cadre of Junior Engineers, the Superintending Engineer, Public Health Circle, Bhubaneswar shall also be a member of the Selection Board:

Provided further that the names of members specified in Clauses (c) and (d) shall be notified by the Government from time to time.

Note-For determining the senior-most Chairman, the longest continuous tenure as an elected Chairman of Municipal Councils and Notified Area Councils in the State shall be taken into account, where more than one Chairman have equal length of tenure, the senior-most shall be determined according to seniority in age.

(2) The Executive Officer of Municipality or Notified Area Council, as the case may be, shall on or before the 1st day of April of every year, report to the Director, Municipal Administration the probable number of vacancies in different cadres of service required to be filled up during the year.

(3) The Director, Municipal Administration after receipt of reports from Exe