SRIBATSA KUMAR PARIDA Vs. CHAIRMAN

JUDGEMENT

(1.) THE applicant, while working as Economic Officer, filed this O.A. with the following prayers:

(2.) BRIEFLY stated, the facts of the case is that the applicant had been working in the Office of the Forward Markets Commission [for short 'FMC'] in the post of Junior Research Assistant in the pay band of Rs. 9300 -34800 + Grade Pay of Rs. 4200/ - revised since 06.05.2002. The applicant was promoted to the post of Economic Officer [Group 'B' Gazetted] in the Pay Band of Rs. 4600/ - revised purely on ad hoc basis on 01.01.2009 and the said ad hoc appointment was extended from time to time.

(3.) THE respondents filed their reply. It is contended by the respondents that the Selection Committee in its Minutes dated 14th December, 2011 did not recommend the name of the applicant for appointment to the post of Deputy Director as well as Assistant Director (Economics). Permanent Officers of the Commission holding the post of Economic Officer, having 20 to 25 years of service and expertise and knowledge of all the activities of the Commission were considered for selection. The post of Economic Officer is the feeder post for the promotion to the post of Assistant Director. The applicant has only three years ad hoc service as an Economic Officer whereas the persons selected for the post of Assistant Director have a minimum of seven years service and have overall experience of more than 25 years service. The applicant had been interviewed after being shortlisted for the posts of Deputy Director and Assistant Director, however persons were selected on the basis of much higher experience than the applicant on account of which the applicant lost out. It is further contended by the respondents that based on the recommendations of the Selection Committee, the respondent No. 2 vide letter dated 30.01.2012 approved the names of candidates for appointment for a period of three years on deputation basis. Accordingly, the Commission (respondent No. 1) issued the letter of offer of appointment. Thus, the selection of candidates in FMC on deputation basis was made through a transparent system and as per the approval of the respondent No. 2. The respondents also contended that the finding of selection committee is based on rules and well reasoned that condition regarding cooling period of three years between two deputation period when five years period of deputation is completed needs to be relaxed in this case to enable the Commission to consider its permanent officers to be appointed to the post of Deputy Director/Assistant Director.