Orissa High Court
Subrata Narayan Das vs State Of Odisha & Ors. ..... Opposite ... on 25 January, 2022
Author: B.R. Sarangi
Bench: B.R. Sarangi
1
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.2090 OF 2022
Subrata Narayan Das ..... Petitioner
Mr.B. Routray, Sr.
Advocate along with Mr.
S.D. Routray, Advocate
Vs.
State of Odisha & Ors. ..... Opposite parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
25.01.2022 W.P.(C) No.2090 of 2022 And I.A. No.1030 of 2022 Order No. The matter is taken up through video conferencing 01 mode.
2. Heard Mr. B. Routray, learned Sr. Counsel appearing along with Mr. S.D. Routray, learned counsel for the petitioner; Mr. S.N. Nayak, learned Additional Standing Counsel for opposite parties no.1 & 2 and Mr. S. Palit, learned counsel for opposite parties no.3 & 4.
3. The petitioner has filed this writ petition seeking to quash the advertisement dated 20.12.2021 under Annexure-9 issued by opposite party no.3 and further to direct opposite party no.3 to place the case of the petitioner before the Board of Governors for regularization of his service in the post of Assistant 2 Professor (Mining Engineering) in accordance with law keeping in view the notification dated 21.01.2021 issued by opposite party no.1, which shall be subject to final outcome of W.P.(C) No.18659 of 2016 and extend all service benefits as admissible to the said post within a stipulated period.
4. Mr. B. Routray, learned Sr. Counsel appearing for the petitioner contended that the Government College of Engineering, Keonjhar (previously known as Orissa School of Mining Engineering, (Degree Stream), Keonjhar) was one of the constituent college of Biju Patnaik University of Technology (BPUT). By virtue of notification dated 21.01.2021, the institution lost its status of constituent college of BPUT and it was allowed to function independently with its Board of Governors as the apex body to look after the administrative, financial and academic affairs of the institution in accordance with the Resolution dated 30.11.2019 passed by the Department of Skill Development and Technical Education. It is contended that way back in 2004-05, the Board of Governors of Orissa School of Mining Engineering (Degree Stream), Keonjhar decided its meeting for opening of Degree Stream in the college and accordingly, in the proceeding of the 4th meeting of the Board of Governors held on 24th May, 2005 keeping in view the earlier 3 decision of the 3rd meeting on the Board of Governors, decided for engagement of Resource persons (Teaching staff) and then supporting administrative staff which was already approved by the Board of Governors. The Board of Governors also authorized the principal of the college to grant extension of service for consecutive years for the said Resource persons subject to satisfactory and successive completion of their first year of service. Subsequently, the Board of Governors decided in its 5th meeting held on 14.12.2005 to create 14 number of posts in different disciplines and also fixed eligibility qualification for such posts with a consolidated remuneration of Rs.8000/- per month after taking approval from the Sub-Committee through a selection Board. The Board of Governors in its 7th meeting held on 26.09.2006 unanimously resolved to create some essential posts for the institution and decided to enhance the remuneration of the Resource persons from Rs.8000/- to Rs.10,000/- per month with effect from converted to Lecturers (on contract basis) and to increase the number of teaching and non- teaching posts from 14 to 34. As a consequence thereof, the petitioner was engaged as Lecturer (Mining Engineering) on contractual basis and he has been discharging his duty from the date of his appointment. When he was so continuing, an advertisement was 4 issued by the authority, wherein the petitioner appeared and duly selected and by virtue of order dated 26.08.2006 issued by the Principal of the institution, he was engaged as lecturer in Mining Engineering on contractual basis. Accordingly, he was given a detailed matrix of appointed faculty against the sanctioned post of Professor. While he was so continuing, an advertisement was issued to fill up the posts on regular basis in different disciplines and the petitioner along with others challenged the same before this Court by filing W.P.(C) No.18659 of 2016 and this Court vide order dated 16.11.2016 passed interim order directing that the services of the petitioner along with others shall not be dispensed with without leave of the Court and as such, by virtue of the interim order, the petitioner is continuing till date. He further contended that since the petitioner has already rendered more than 10 years of service, he is entitled to be regularized and as such, his services have been protected by the interim order passed by this Court. It is further contended that similar question had come up for consideration before this Court in W.P.(C) No.11148 of 2005 (Dr. Prasana Kumar Mishra v. State of Orissa, disposed of on 01.12.2015), wherein this Court directed the opposite party-University to extend all consequential benefits as due and admissible to him in accordance with law 5 within a period of four months. Against the said order, BPUT filed SLP (C) No.4945 of 2020, which was dismissed on 07.08.2020. Thereby, learned counsel for the petitioner contended that since the petitioner stands on the same footing, his services are entitled to be regularized instead of floating advertisement under Annexure-9 dated 20.12.2021.
5. In the considered opinion of this Court, the matter requires consideration.
6. Issue notice.
7. Two extra copies of the writ petition be served on learned Additional Standing Counsel within three days, as he appears for opposite parties no.1 & 2 to enable him to obtain instructions or file counter affidavit.
8. Since Mr. S. Palit, learned counsel enters appearance for opposite parties no.3 & 4, two extra copies of the writ petition be served on him within three days to enable him to obtain instructions or file counter affidavit.
9. As an interim measure, it is directed that one post of Assistant Professor in the discipline of Mining Engineering under Unreserved category may not be filed up pursuant to Advertisement under Annexure-9 dated 20.12.2021 without leave of this Court till 17.02.2022.
610. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.
Alok DR. B.R. SARANGI, J.