SHYAMA CHARAN DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The above appeal has been filed against the Order dated 26-8-1996 of the Orissa Administrative Tribunal, Bhubaneswar, in O. A. No. 777/91, whereunder the claim of the appellants before this Court and some others seeking to quash the amendments introduced in 1991, notified on 24-5-1991, which had the consequence of bringing all the Industries Promotion Officers (IPOs) within the zone of consideration for promotion to Class-II service and their further claim to declare that only Rs. 500-930 grade employees alone are eligible for promotion to Class-II post and that those in Rs. 400-750 grade are ineligible to such Class-II promotions, came to be rejected.

(2.) Prior to coming into force of the Orissa Industries Service Rules, 1985 on 12-9-1985, officers of different categories in the Industries Department under the Directorate of Industries were performing duties and functions of the same nature at different levels in varied fields, appointed to posts with the different nomenclature carrying different scales of pay. Not only there seems to have been periodical revision of scales of pay but changes in their promotional prospects and their status and position in the hierarchical set up also appears to have been made from time depending upon the exigencies of the situation and necessities of smooth administration on the basis of recommendations of the Pay Commissions or Committees specially constituted for the purpose.

(3.) The Tribunal below rejected the challenge holding that the impugned notification was not vitiated on account of any mala fide exercise of power and that despite the fact the posts of Sub-Assistant Registrar was a promotional post for Block Level Extension Officers, having regard to the similarity in the nature of their functions, the cadre of IPOs came to be formed by merging and redesignating them both - SAR, Industries and BLEO, Industries as Industries Promotion Officers. Reliance was placed in this regard on the decision of the Government made on 27-5-1980 - a conscious decision to merge them into one as IPOs though with a classification among them as Seniors and Juniors depending upon differences in the scales of their pay which was necessitated for the reason that the merged posts were carrying different scales of pay, initially. Reference also seems to have been made to the subsequent decision on 17-2-1982 to do away with the said difference and the abolition of the selection grade in respect of all cadres of posts in the State, resulting in denial of the only avenue of promotion to IPOs in the grade of Rs. 400-750. Support was drawn by the Tribunal for its conclusions also from the fact that the Government Orders dated 11-6-1986 declaring 17 posts equivalent to that of Industrial Supervisors remained unchallenged and that really the equities stood adjusted in providing promotional opportunities to the cadre of IPOs, irrespective of the scales of pay, on par with Industrial Supervisors.