SARAT KUMAR DASH Vs. BISWAJIT PATNAIK

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) Heard the learned counsel. While the appellants and respondents - Biswajit Patnaik and Jagannath Prasad Mishra were continuing as Drug Inspectors, four vacancies for the post of Assistant Drugs Controller, (Junior Class I) have arisen. Preceding regular appointment, the government constituted a Departmental Promotion Committee which had considered and recommended the cases of respondents for ad hoc promotion to the posts and the government had appointed the respondents and referred the matter to the public service commission for recommendation for regular appointments. Before recommending to the PSC, since no rules or the criteria for consideration was prescribed, the government have decided to adopt "merit-cum-suitabilitywith due regard to seniority" as principle to consider the case of the persons for promotion. The names of 12 candidates, including ad hoc promotees were sent to the PSC for consideration. We are informed that since two of them were already promoted to the higher posts of Grade I Deputy Drug Controllers, their cases were not considered. Two of them were found to be unfit. The PSC had thought over the feasibility to apply the principle of "merit-cum-suitability with due regard to seniority"; secured the statutory rules applicable to similar selection posts in other departments and after due deliberation adopted the aforesaid principle. Thereafter, the PSC has evolved the procedure, as stated in the affidavit filed by the PSC pursuant to our order dated 4/8/1994, thus: