STATE OF ORISSA Vs. PRASANA KUMAR SAHOO

JUDGEMENT

(1.) Leave granted.

(2.) By the said circular letter, no policy for regularization or for absorption of the employees working in the census organization was laid down.

(3.) Another circular letter was issued on or about 2.7.1999. The question as to whether in terms of the said purported circular letters, the employees working in the census organization were entitled to recruitment came up for consideration before the Orissa Administrative Tribunal and by reason of judgment and order dated 17.12.1998, it was directed; "6. Be that as it may, the fact remains that these applicants and others who were left out were not given any opportunity to compete with the Respondents while being selected to be posts to which they have been appointed. There is nothing on record to show that these applicants were intimated by any office at any time about the existence of any vacancy nor were they called to any selection test by any governmental authority for recruitment to the post after they were retrenched. In the absence of any such intimation, it was not possible for the applicants and others to know about the vacancy position and to make any application for appointment. As it appears from the resolution that it was the duty of various departments of the State Government to take suo moto initiative to appoint such retrenched candidates. No obligation was cast on these retrenched candidates. No obligation was cast on these retrenched candidates to apply for the posts. It is submitted that in the meantime hundred of posts fell vacant in the Government departments including in the District Offices and Sub- Divisional Offices. If that is so we are of the view that the present attitude taken by the authorities in not considering the retrenched employees like the applicants in preference to others in terms of the aforesaid resolution of the Government is not proper and we may further say that they have committed acts of injustice to the applicants as well as other retrenched candidates. However, it is submitted by the learned counsel for Respondents that about 90 such retrenched candidates have already been appointed in different offices and only about 50 candidates are left for appointment.