Bhubaneswar: That the Minor Irrigation cadre junior Engineers entered into govt. Services from 1995 to 1999 and continuing thereafter & post was upgraded to Asst.Engineer .Due to exhausting numerous years of services as Junior engineer/Asst.Engineer are ripen for the post of Asst.Executive Engineer on getting promotion.
Relevant to the state there are two distinct cadres of Engineers working under Minor Irrigation Organisation (Department of water resources) such as engineer born departmentally under Minor Irrigation Cadre and others hails from Irrigation cadre.The Seniority remains disputed because of two cadres and thereby it becomes litigant and subject matter of court’s intervention.
In particular the Engineers deputed to M.I. organisation from Irrigation cadre lost their case of seniority in the Honʹble High Court, Odisha vide WPC No. 10751/2008 and then proceeded to Honʹble Supreme Court,India. preferred the S.L.P. vide Civil appeal No. 7494 of 2009.The Honʹble Supreme Court entertaining the application, had indicated to stay notification dated 24.04.2010 giving liberty to the state to apply for vacation / modification.Regretted to state that the state did not move for vacating the interim order of stay Dt.09.11.2009 and allowed the matter to suffer.
Apt to state that when stay order operating the applicant who belong to Irrigation cadre already got promotion where as the counter parts of M.I. Cadre who owned in the Honorable High Court, Odisha are facing trouble in getting the promotional avenue throughout. In such a context interim order of stay is proved to be infructuous when the Appellants got promotion irrespective of operation of the said interim order. The Honʹble Supreme Court in his verdict on dated 13.08.2010 instructed to stay notification dated 24.04.2010.But the Honʹble Court has no where instructed to stop conducting further DPC and deprived the next batch of seniors from their legitimiti claim.
As per notification of Government of Odisha of GA department vide no. 16495/Gen/GAD-SC-CASE1-0032-2021 Dt.29.06.2021 that vacation of stay after six months from the date of such order unless extension is granted for good reason.
If no step is taken right now at this juncture of time it would be to hide a latitude to meet the end of Justice.