ORDER
1. Heard Shri B. Mohanty for the petitioner and learned counsel for the opposite parties.
2. The petitioner, who is now serving as an Engineering Assistant in Industrial Promotion and Investment Corporation of Orissa Ltd. (shortly, ‘IPICOL’) has filed this writ application under Article 226 of the Constitution of India seeking a direction to the IPICOL, O. P. No. 1, and its functionaries, O. P. Nos. 2 to 4, to create adequate promotional avenue for the Engineering Assistants like the petitioner working under 0. P. No. 1. The thrust of the submission of Shri Mohanty is that the petitioner, who is a diploma holder in civil engineering, joined IPICOL service in May, 1984 as an Engineering Assistant on being selected for the post vide the order dated 3-5-1984 (Annexure-1). Subsequently, his service was regularised in 1986 vide the order dated 4-2-1986 (Annexure-2). Though more than ten years have elapsed since then, the petitioner is still languishing in the said post without any promotional prospect in sight. He has, therefore, sought for a direction as noted above.
3. Refuting the case of the petitioner the opposite parties in their counter affidavit have stated that the promotional policy formulated by the IPICOL in 1991, which has been amended in 1993 vide Annexure-A/1, contains promotional avenue for the in-service engineering diploma holders like the petitioner to the post of Assistant, Manager, (Projects/Monitoring/Data Banl). Learned counsel for the opposite parties, however, submitted that at the present there is no post of Assistant Manager (Projects) for which the case of the petitioner can be considered; but as and when vacancy will arise or new post will be created, the case of the petitioner will be considered along with other suitable candidates. The relevance of promotional prospect in service cannot be over-emphasised. The apex Court in the case of Dr. Ms. O. Z. Hussain v. Union of India, 1990 (1) SLR 297, observed :
“This Court, has on more than one occasion, pointed out that provision for promotion increases efficiency of the public service while stagnation reduces efficiency and makes the services ineffective. Promotion is thus a normal incidence of service. There too is no justification why while similarly placed officers in other Ministeries would have the benefit of promotion, the non-medical ‘A’ Group Scientists in the establishment of Director General of Health Service would be deprived of such advantage. ……”
In this regard the contention of the petitioner is that similarly placed Engineering Assistants with similar qualification serving in other State Govt. Undertakings like Orissa Mining Corporation, Industrial Development Corporation of Orissa Ltd. (IDCO), etc. have been provided with adequate promotional prospects.
4. Considering the facts and circumstances of the case, we appreciate the grievance of the petitioner, who is a diploma holder in civil engineering, and has been stagnated in one post for about a decade by now. Though some promotional Avenue has been created under the promotional policy of the IPICOL that has brought little benefit to the petitioner. We would, therefore, observe that the IPICOL should consider the grievance of the petitioner and other persons similarly situated and explore possibility of avoiding stagnation in the present post for long. We hope this exercise will bring about some fruitful result to the petitioner within a reasonable time.
5. The writ application is disposed of with the above direction and observations.