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.

Advocate List
Bench
  • HON'BLE JUSTICE A.K. GOEL
  • HON'BLE JUSTICE U.U. LALIT
Eq Citations
  • (2018) 1 SCC 550
  • LQ/SC/2017/596
Head Note

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