Supreme Court - Daily Orders
Odisha Power Transmission Corp.Ltd vs Sushil Kumar Nayak on 5 July, 2017
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8415 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.11569 OF 2014)
ODISHA POWER TRANSMISSION CORP.LTD AND ANR. ...APPELLANT(S)
VERSUS
SUSHIL KUMAR NAYAK AND ANR. ...RESPONDENT(S)
WITH
CIVIL APPEAL NO.8416-8485 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.11571-11640 OF 2014)
CIVIL APPEAL NO.8486-8557 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.27539-27610 OF 2015)
O R D E R
Leave granted.
Heard learned counsel for the parties.
The respondents were appointed on contract basis as Engineers on consolidated pay through a contractor. The respondents worked for few years. They approached the High Court for regularization of their services. The High Court has directed for consideration of their cases even though on earlier occasion such prayer was declined by the State.
Mr. P.P. Rao, learned senior counsel for the appellants has placed the following proposal:
“The respondents will be allowed to continue on provisional basis till the next Signature Not Verified round of selection process takes place in the Digitally signed by MADHU BALA Date: 2017.07.08 respective categories of posts for 11:07:29 IST Reason: recruitment. The respondents will be at liberty to participate in such Selection Process. They shall be allowed relaxation of upper age limit to the extent of service 2 rendered by them, provided they satisfy all other eligibility criteria for the posts as laid down in the Recruitment Rules. They shall also be allowed 1% extra marks on the total marks of CBT (Computer Based Test) for each completed year of service subject to a maximum of 15%, which shall be added to the marks secured by them in the CBT. Such of the respondents who get selected will be appointed on regular basis and others who either do not participate in the selection process or are unsuccessful in the selection, their services shall be discontinued. The above concessions will be granted as a special case in having regard to the facts of this case and will not be regarded as a precedent.” Shri Rao submitted that the proposal is partly based on observation of this Court in Ashok Kumar and Another Vs. State of Bihar and Ors. 2017 (4) SCC 357 para 22.
We are satisfied that the stand of the appellants is fair. The appellants are at liberty to proceed in accordance with the said proposal.
Accordingly, the appeals are disposed of in terms of the above proposal.
......................J. [ADARSH KUMAR GOEL] NEW DELHI ......................J. 5TH JULY, 2017 [UDAY UMESH LALIT] 3 ITEM NO.46 COURT NO.11 SECTION XI -A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 11569/2014 (Arising out of impugned final judgment and order dated 09-10-2013 in WPC No. 28747/2011 passed by the High Court of Orissa at Cuttack) ODISHA POWER TRANSMISSION CORP.LTD Petitioner(s) VERSUS SUSHIL KUMAR NAYAK Respondent(s) (FOR INTERVENTION APPLICATION ON IA 3/2014 FOR [PERMISSION TO FILE ANNEXURES] ON IA 4/2014 (COMPLETE)) WITH SLP(C) No. 11571-11640/2014 (XI -A) SLP(C) No. 27539-27610/2015 (XI -A) Date : 05-07-2017 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. P.P. R ao,Sr.Adv.
Mr. Raj Kumar Mehta, AOR Mr. L.N. Mohapatro,Adv. Ms. Himanshi Andley,Adv. Mr. Shibashish Misra, AOR Mr. Ashish Kumar Sinha,Adv. For Respondent(s) Mr.Y. Raja Gopala Rao, AOR Mr. Sudhansu Palo, AOR Mr. Shibashish Misra, AOR Mr. Ashish Kumar Sinha,Adv. Mr. Anil Kumar Tandale, AOR Mr. Prag P. Tripathy,Sr.Adv. 4
Mr. Mohit D. Ram, AOR Mr. Ashok Panigrahi, AOR Mr. Santosh Kumar,Adv. Mr. Soumyajit Pani,Adv. Mr. Vinodh Kanna B., AOR Mr. Ruchi Kohli, AOR Mrs. Nanita Sharma, AOR Mr. Vivek Sharma,Adv. Mr. Nitesh Shekhar,Adv. Mr. Kumar Gaurav,Adv. Mr. U.V. Mohanty,Adv. Mr. Robin Khokhar,Adv. Mr. Sajith. P, AOR Mr.Raj Kumar Mehta, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
All interlocutory applications are disposed of.
(MADHU BALA) (VEENA KHERA) COURT MASTER ASSISTANT REGISTRAR
(Signed order is placed on the file)