IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) NO.1908 of 2025 Chinmayee Mishra and Others …. Petitioners Mr. B. Routray, Sr.Adv. Along with Mr. J. Biswal, Adv. -versus- State of Odisha & Others …. Opposite Parties Mr. A. Tripathy, AGA Ms. D. Mohapatra, Adv. (for O.P. Nos.3 to 17) COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 13.05.2026 I.A. No.18480 of 2025 & I.A. NO.2499 of 2026 3. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the Parties. 3. Both the Interim Applications have been filed seeking vacation of the interim order passed by this Court on 27.01.2025, Vide the said order, Opp. Party Nos.1 & 2 were restrained from taking any final decision with regard to promotion to the rank of Asst. Engineer from the rank of Jr. Engineer, basing on the impugned Final Gradation list dt.16.12.2024, so published under Annexure-9. 4. Learned Addl. Govt. Advocate as well as learned Counsel appearing for the private Opp. Party Nos.3 to 17, contended that even though initially private Opp. Party Nos.3 to 17 alongwith 163 contractual Jr Engineers were regularised vide order dt.14.02.2023 with effect from the year 2013 under Anexure-12, but the same was modified vide order dt.29.05.2024 under Annexure-14. As per order under Annexure-14, date of regularisation of the 163 contractual Jr. Engineers was made effective w.e.f the year 2019. 4.1. The date of regularisation so modified vide order dt.29.05.2024 is under challenge in the connected W.P.(C ) No.14546 of 2024 and other Writ Petitions of the year 2024. 5. Mr. B. Routray, learned Sr. Counsel appearing for the Petitioners on the other hand contended that the Petitioners in fact were regularised vide order dt.14.02.2023 under Annexure-5 w.e.f the year 2017. But in the impugned final gradation list published on 16.12.2024, private Opp. Parties when were placed above the petitioners, the present Writ petition was filed challenging the position of the petitioners vis-à-vis the other group of Jr. Engineers. 5.1. It is also contended that unless and until claim made by the other group of employees which is the subject matter of challenge in W.P.(C ) No.14546 of 2024 and batch is decided in their favour, Petitioners therein cannot claim seniority over the Petitioners in the present Writ Petition and their placement in the impugned gradation list over the Petitioner is also not legal and justified. 6. Learned Addl. Govt. Advocate basing on the stand taken in the counter affidavit so filed, contended that as against the post of Asst. Engineer, though at present there is existing vacancy of 1018 posts, but because of interim order passed by this Court on 27.01.2025, State is unable to fill up the vacant posts in the rank of Asst. Engineer. It is accordingly contended that leave be granted to the State-Opp. Party Nos.1 & 2 to fill up the vacant available posts of Asst. Engineer subject to final outcome of the dispute in between both the groups. 7. Having heard learned Counsel for the parties and considering the dispute involved, this Court while disposing both the I.As, permits the State to convene the DPC for consideration of the eligibility of the Jr. Engineers to get the benefit of promotion to the rank of Asst. Engineers as against the available vacancy of 1018 posts and extend the benefit of promotion basing on the recommendation of the DPC. 7.1. However, it is observed that benefit of such promotion to the rank of Asst. Engineer will not confer any equity in favour of either of the group of Jr. Engineer with regard to their seniority in the rank of Jr. Engineer as well as Asst. Engineer. Seniority of both the Groups in the rank of Jr. Engineer as well as Asst. Engineer will be subject to final outcome of the present batch of Writ Petitions. 8. Both the I.As accordingly stand disposed of with the aforesaid modification and clarification of order dt.27.01.2025. (Biraja Prasanna Satapathy) Judge 4. W.P.(C ) NO.1908 of 2025 1. Heard. 2. List this matter along with the connected Writ Petitions on the date fixed. (Biraja Prasanna Satapathy) Judge sangita