BHUBANESWAR : Providing a big relief to engineers belonging to general category, the Orissa High Court has stayed the operation of the select list prepared on recommendation of the departmental promotion committee (DPC) of the Works department for grant of promotion to the post of assistant executive engineers.
The direction of the single judge bench of Justice AK Mohapatra came in response to a petition filed by Hiranmayee Nayak and four others challenging the recommendation of the DPC to give promotion to 44 Scheduled Castes and seven Scheduled Tribes assistant engineers on the basis of their seniority against 194 unreserved category posts when vacancies in their respective slots remained unfilled.
“As an interim measure, it is directed that in the event the DPC is held, no final recommendation shall be made without leave of this court,” Justice Mohapatra said in the March 18 order.
The petitioners alleged that the 51 engineers in the scheduled categories were appointed on the basis of reservation. Since their selection was not based on merit, they can’t be promoted against unreserved posts. The current vacancies available in the post of AEE are 38 for STs and 26 for SCs. Due to such action, the petitioners were deprived of promotion despite being eligible, the petition stated.
The select list prepared on the basis of recommendation of the DPC for promotion not only defy the May 6, 2024 order of the Scheduled Castes and Scheduled Tribes Development, Minorities and Backward Classes Welfare department setting the criteria for reservation in promotion but also violate the January 28, 2022, ruling of the Supreme Court, the petitioners cited.
The SC&ST department guidelines based on the Supreme Court order mandated the need for a survey to collect quantifiable data regarding inadequacy of representation of scheduled categories in each service category while giving promotion to reserved categories in unreserved category posts. The data will be applicable to each cadre while giving promotion on the basis of reservation.
The Works department has neither conducted any survey nor has quantifiable data on inadequacy in representation of scheduled categories in its engineering cadre, the petitioners said.
Meanwhile, several other departments like the Finance, Home and SSEPD have also allegedly flouted the norms by promoting scheduled categories officers to unreserved posts. In Finance department, 26 reserved categories officers of Odisha Taxation and Accounts Service (OTAS) have been promoted and appointed against unreserved posts in the Orissa Finance Service.
The Home department has given promotion to 34 desk officers belonging to scheduled categories to the post of under secretary meant for general category when 30 reserved posts remained unfilled, informed sources in the government said.