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Orissa Lift Irrigation Corp. Ltd. And Ors v. Rabi Sankar Patro And Ors

Orissa Lift Irrigation Corp. Ltd. And Ors
v.
Rabi Sankar Patro And Ors

(Supreme Court Of India)

Special Leave to Appeal (Civil) No. 19807-19808/2012, Slp (C) No. 35793-35796/2012, Slp (C) No. 37028/2012, Slp (C) No. 37957/2012, Slp (C) No. 38211/2012, Slp (C) No. 38220/2012, Slp (C) No. 38230/2012, Slp (C) No. 38458/2012, Slp (C) No. 38846/2012, Slp (C) No. 4108/2013, Slp (C) No. 9495/2013, Slp (C) No. 11799/2013, Slp (C) No. 12244/2013, Slp (C) No. 14933/2013, Slp (C) No. 15283/2013, Slp (C) No. 15329/2013, Slp (C) No. 17003/2013, Slp (C) No. 17004/2013, Slp (C) No. 17005/2013, Slp (C) No. 17006/2013, Slp (C) No. 17416/2013, Slp (C) No. 20658-20682/2013, Slp (C) No. 36487/2013, Slp (C) No. 14686/2014, Slp (C) No. 19834-19835/2012, Slp (C) No. 19820-19821/2012, Slp (C) No. 19812-19813/2012, Slp (C) No. 19838-19839/2012, Slp (C) No. 19836-19837/2012, Slp (C) No. 19840-19841/2012, Slp (C) No. 19830-19831/2012, Slp (C) No. 19842-19843/2012, Slp (C) No. 19851-19852/2012, Slp (C) No. 19848-19849/2012, Slp (C) No. 19824-19825/2012, Slp (C) No. 19844-19845/2012, Slp (C) No. 19826-19827/2012, Slp (C) No. 19814-19815/2012, Slp (C) No. 19828-19829/2012, Slp (C) No. 31487-31494/2014, Slp (C) No. 11793-11794/2013, Conmt.Pet.(C) No. 194-197/2016 On Slp (C) No. 35793-35796/2012 And Slp (C) No. 914/2014 | 12-04-2017

1. SLP (C) Nos. 19807-19808 of 2012 arise from order of the Orissa High Court directing consideration of case of the writ Petitioner along with other graduate engineers as per the Notification of the State of Orissa dated 30th September, 1994. By the said notification the decision was taken to accommodate 22 graduate engineers (who were continuing as junior engineers) against the vacant posts of Assistant Engineers which were likely to vacant in future.

2. The Petitioner-Orissa Lift Irrigation Corporation Limited has raised two contentions:

1. The notification dated 30.09.1994 was applicable only to 22 vacancies against which 22 engineers were already continuing as junior engineers were to be accommodated against vacancies of Assistant Engineers.

2. The writ Petitioner was not graduate engineer under the Rules as he did not have engineering degree from recognized University. The degree upon which some of the writ Petitioners relied upon was the degree granted by the distance education programme by the JRN Rajasthan Vidyapeeth which did not have any approval from competent authority. Learned Counsel for the JRN Rajasthan University, when called upon to show the approval, has not been able to show such approval from record but seeks time for the same. List all the matters relating to Orissa Lift Irrigation Corporation Limited on Monday i.e. 17th April, 2017 as part-heard. Other matters to be listed separately from this group immediately after Orissa Lift Irrigation Corporation Limited matters as separate item.

Advocates List

For Appellant/Petitioner/Plaintiff: C.K. Sucharita, Ashok Kr. Mahajan, R.C. Kaushik, Advs., Sanjay R. Hegde, Sr. Adv., Sudhir Kumar, Deepak Kanwar, S. Vijay Kanth, Ranjan Kumar Pandey, Jyoti Mendiratta, Jasbir Singh Malik, Usha Nandini V., A. Tewari, Eliza Bar, Shree Pal Singh, Kamaldeep Gulati, Advs., Ajay Kapoor, Sr. Adv., Prabhakar Parnam, V.R. Anumolu, Anil Kumar Tandale, Advs., Brijender Chahar, Sr. Adv., Shashi Bhushan, Jyoti Chahar, Vinay Garg and Rameshwar Prasad Goyal, Advs. For Respondents/Defendant: ANS Nandkarni, ASG, Mohan Prasad Gupta, Shadman Ali, Abhishek Attery, Raj Bahadur Yadav, Advs., V. Mohana, Sr. Adv., Swarupama Chaturvedi, Vijay Prakash, G.S. Makkar, Advs., Nidhesh Gupta, Sr. Adv., Umesh Chandra Mohanty, P.K. Pattanaik, Kumar Gaurav, Anil Kumar Tandale, D.S. Mahra, Gaurav Sharma, Sudhir Kumar, Ashwini Kumar M., Deepak Kanwar, S. Vijay Kanth, Sudarshan Singh Rawat, Vikas Singh Jangra, Subhasish Bhowmick, A.V. Rangam, Rameshwar Prasad Goyal, Tarun Gupta, Balaji Srinivasan, Advs., Rakesh Dwivedi, Sr. Adv., Apoorva Garg, Shashank Shekhar Singh, Priti Kumari, Chandra Prakash, Rituraj Biswas, Sujoya Bardhan, C.S.N. Mohan Rao, Gagan Gupta, Advs., Jayant K. Sud, Sr. Adv., Kuldip Singh, Ranjan Kumar Pandey, Nupur Choudhary, Satish Kumar, B. Sunita Rao, D. Rama Krishna Reddy, Vidyottma, D. Bharathi Reddy, S.L. Aneja, Madhusmita Bora, Santosh Kumar, Himanshu Upadhyay, Shivam Tripathi, Arvind Minocha, Kamal Mohan Gupta, Rakesh K. Sharma, Advs., Party-in-Person, Kamini Jaiswal, Rani Mishra, Jatinder Pal Singh, P.N. Puri, Anubha Agrawal, Monika Gusain, Advs., Arun Bhardwaj, AAG, Ronak Karanpuria, Ashish Pandey, Sunil Sharma, Vishwa Pal Singh, Advs., V.K. Bali, Sr. Adv., Sanchar Anand, AAG, Aditya Soni, Apoorv Singhal, Jagjit Singh Chhabra, Gopal Singh, G.N. Reddy, Guntur Prabhakar, K. Maruthi Rao, K. Radha, Anjani Aiyagari, Satyendra Kumar, Arjun Harkauli, Raj Kumar Mehta, Elangbam Premjit Singh, Himanshi Andley, Kedar Nath Tripathy, Awanish Sinha, Shekhar Raj Sharma, Sanjay Kumar Visen, Rauf Rahim, T. Mahipal, Apoorv Kurup and V.C. Shukla, Advs.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE A.K. GOEL

HON'BLE JUSTICE U.U. LALIT

Eq Citation

(2018) 1 SCC 550

LQ/SC/2017/596

HeadNote

Service Law — Relaxation/Concession/Exemption/Exemplary Relief — Relaxation — Extent of — Extent of relaxation — Held, notification dt. 30.09.1994 was applicable only to 22 vacancies against which 22 engineers were already continuing as junior engineers were to be accommodated against vacancies of Assistant Engineers

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